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OKLAHOMA BOARD OF CHIROPRACTIC EXAMINERS
201 NE 38TH TERRACE, SUITE 3
OKLAHOMA CITY, OKLAHOMA 73105
(405) 524-OBCE (6223) Office (405) 524-9542 Fax
CHIROPRACTIC PRACTICE ACT
UNOFFICIAL COPY
TABLE OF CONTENTS
PART I
Text of Title 59, Section 161.1 The Oklahoma Chiropractic Practice Act
(LAST REVISION 11/1/2011)
PART II
Text of The Oklahoma Board of Chiropractic Examiners Rules, OAC
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(LAST REVISION 06/25/2011)
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Board of Chiropractic Examiners 59 § 161.1
Section 161.1 - Oklahoma Chiropractic Practice Act.
Sections 161.1 through 161.20 of Title 59 of the Oklahoma Statutes shall be known and may be cited as the
"Oklahoma Chiropractic Practice Act".
Section 161.2 - Chiropractic Defined - Scope of Practice.
A. Chiropractic is the science and art that teaches health in anatomic relation and disease or
abnormality in anatomic disrelation, and includes hygienic, sanitary and therapeutic measures
incident thereto in humans. The scope of practice of chiropractic shall include those diagnostic
and treatment services and procedures which have been taught by an accredited chiropractic
college and have been approved by the Board of Chiropractic Examiners.
B. A chiropractic physician may engage in the practice of animal chiropractic diagnosis and
treatment if certified to do so by the Board. A licensed chiropractic physician may provide
chiropractic treatment to an animal without being certified in animal chiropractic diagnosis and
treatment by the Board if an animal has been referred to the chiropractic physician by a licensed
veterinarian.
Section 161.3 - Terms Defined.
As used in the Oklahoma Chiropractic Practice Act, these words, phrases or terms, unless the
context otherwise indicates, shall have the following meanings:
1. "Accredited chiropractic college" means a chiropractic educational institution which is
accredited by the Commission on Accreditation of the Council on Chiropractic Education, a
national, independent accreditation body recognized and approved by the U.S. Department of
Education, or its successor;
2. "Animal chiropractic diagnosis and treatment" means treatment that includes vertebral
subluxation complex (vsc) and spinal manipulation of nonhuman vertebrates. The term "animal
chiropractic diagnosis and treatment" shall not be construed to allow the:
a. use of x-rays,
b. performing of surgery,
c. dispensing or administering of medications, or
d. performance of traditional veterinary care;
3. "Applicant" means any person submitting an application for licensure to the Board;
4. "Board" means the Board of Chiropractic Examiners;
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5. "Certified chiropractic assistant" means an unlicensed member of a chiropractic physician's
team of healthcare workers who may assist a chiropractic physician in the performance of
examination and therapeutic procedures and techniques necessary to deliver healthcare services
to patients within the scope of chiropractic; Effective 11/1/2011
6. "Chiropractic physician", "chiropractor", "doctor of chiropractic", "practitioner of chiropractic"
and "licensee" are synonymous and mean a person holding an original license to practice
chiropractic in this state;
7. "Examination" means the process used by the Board, prior to the issuance of an original
license, to test the qualifications and knowledge of an applicant on any or all of the following:
current statutes, rules or any of those subjects listed in Section 161.8 of this title;
8. "Intern" means a student at an accredited chiropractic college who is participating in the
Chiropractic Undergraduate Preceptorship Program;
9. "Nonclinical" means of a business nature including, but not limited to, practice management,
insurance information, and computer information. It shall also mean the discussion of philosophy
as it relates to the performance of chiropractic; Effective 11/1/2011
10. "Original license" means a license granting initial authorization to practice chiropractic in this
state issued by the Board to an applicant found by the Board to meet the licensing requirements
of the Oklahoma Chiropractic Practice Act, by examination pursuant to Section 161.7 of this title,
or by reciprocity pursuant to Section 161.9 of this title;
11. "Preceptor" means a chiropractic physician who is participating in the Chiropractic
Undergraduate Preceptorship Program;
12. "Relocation of practice" means the recognition and approval by the Board, prior to the
issuance of an original license, of the chiropractic licensing process in another state, country,
territory or province; and
13. "Renewal license" means a license issued to a chiropractic physician by the Board, on or
before the first day of January of each year, which authorizes such licensee to practice
chiropractic in this state during the succeeding calendar year.
Section 161.4 - Re-creation of Board of Chiropractic Examiners - Members - Terms - Duties
Grounds for Removal.
A. A Board of Chiropractic Examiners is hereby re-created to continue until July 1, 2012, in
accordance with the provisions of the Oklahoma Sunset Law. The Board shall regulate the
practice of chiropractic in this state in accordance with the provisions of the Oklahoma
Chiropractic Practice Act. The Board, appointed by the Governor, shall be composed of eight
chiropractic physicians and one lay member representing the public.
B. Each chiropractic physician member of the Board shall:
1. Be a legal resident of this state;
2. Have practiced chiropractic continuously in this state during the five (5) years immediately
preceding appointment to the Board;
3. Be free of pending disciplinary action or active investigation by the Board;
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4. Be a person of recognized professional ability, integrity and good reputation; and
5. Be in active clinical chiropractic practice at least fifty percent (50%) of the time.
C. The lay member of the Board shall:
1. Be a legal resident of this state; and
2. Not be a registered or licensed practitioner of any of the healing arts or be related within the
third degree of consanguinity or affinity to any such person.
D. The Governor shall appoint members to the Board and for terms of years as follows:
1. Position 1: Upon expiration of the term of the board member whose term expires November 2,
2006, the Governor shall appoint a board member from District 1 for a term of four (4) years to
expire on November 1, 2010, and every four (4) years thereafter;
2. Position 2: Upon expiration of the term of the board member whose term expires November 1,
2005, the Governor shall appoint a board member from District 2 for a term of four (4) years to
expire on November 1, 2009, and every four (4) years thereafter;
3. Position 3: Upon expiration of the term of the board member whose term expires June 7, 2007,
the Governor shall appoint a board member from District 3 for a term of four (4) years to expire on
June 1, 2011, and every four (4) years thereafter;
4. Position 4: Upon expiration of the term of the board member whose term expires November 1,
2007, the Governor shall appoint a board member from District 4 for a term of four (4) years to
expire on November 1, 2011, and every four (4) years thereafter;
5. Position 5: Upon expiration of the term of the board member whose term expires June 7, 2008,
the Governor shall appoint a board member from District 5 for a term of four (4) years to expire on
June 1, 2012, and every four (4) years thereafter;
6. Position 6: On June 1, 2005, the Governor shall appoint a board member from District 6 for a
term of one (1) year to expire on June 1, 2006, and every four (4) years thereafter;
7. Position 7: On November 1, 2005, the Governor shall appoint a board member from District 7
for a term of three (3) years to expire on November 1, 2008, and every four (4) years thereafter;
8. Position 8: Upon expiration of the term of the board member whose term expires June 7, 2005,
the Governor shall appoint a board member from the state at large for a term of four (4) years to
expire on June 1, 2009, and every four (4) years thereafter; and
9. Position 9: The lay member of the Board shall serve a term coterminous with that of the
Governor.
E. For the purpose of the Oklahoma Chiropractic Practice Act, the state shall be divided into the
following districts:
1. District 1: Alfalfa, Beaver, Beckham, Caddo, Cimarron, Custer, Dewey, Ellis, Grant, Greer,
Garfield, Harmon, Harper, Jackson, Kiowa, Major, Noble, Roger Mills, Texas, Washita, Woods
and Woodward Counties;
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2. District 2: Tulsa County;
3. District 3: Kay, Logan, Lincoln, Osage, Pawnee, Payne and Pottawatomie Counties;
4. District 4: Carter, Comanche, Cotton, Garvin, Grady, Love, Murray, Jefferson, Stephens and
Tillman Counties;
5. District 5: Blaine, Canadian, Cleveland, Kingfisher, McClain and Oklahoma Counties;
6. District 6: Atoka, Bryan, Coal, Choctaw, Creek, Hughes, Johnston, Latimer, LeFlore, Marshall,
McCurtain, Okfuskee, Pittsburg, Pontotoc, Pushmataha and Seminole Counties; and
7. District 7: Adair, Cherokee, Craig, Delaware, Haskell, Mayes, McIntosh, Muskogee, Nowata,
Okmulgee, Ottawa, Rogers, Sequoyah, Wagoner and Washington Counties.
Members appointed after June 2002, shall serve no more than two (2) consecutive terms.
F. Each member shall hold office until the expiration of the term of office for which appointed or
until a qualified successor has been duly appointed. An appointment shall be made by the
Governor within ninety (90) days after the expiration of the term of any member, or the
occurrence of a vacancy on the Board due to resignation, death, or any other cause resulting in
an unexpired term.
G. Before assuming duties on the Board, each member shall take and subscribe to the oath or
affirmation provided in Article XV of the Oklahoma Constitution, which oath or affirmation shall be
administered and filed as provided in the article.
H. A member may be removed from the Board by the Governor for cause which shall include, but
not be limited to:
1. Ceasing to be qualified;
2. Being found guilty by a court of competent jurisdiction of a felony or any offense involving
moral turpitude;
3. Being found guilty, through due process, of malfeasance, misfeasance or nonfeasance in
relation to Board duties;
4. Being found mentally incompetent by a court of competent jurisdiction;
5. Being found in violation of any provision of the Oklahoma Chiropractic Practice Act; or
6. Failing to attend three meetings of the Board without just cause, as determined by the Board.
I. No member of the Board shall be:
1. A registered lobbyist; or
2. An officer, board member or employee of a statewide organization established for the purpose
of advocating the interests of chiropractors licensed pursuant to the Oklahoma Chiropractic
Practice Act; or
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3. An insurance claims adjuster, reviewer, or consultant; provided , however, a person shall not
be considered to be a consultant solely for testifying in a court as an expert witness
2. An officer, board member or employee of a statewide organization established for the purpose
of advocating the interests of chiropractors licensed pursuant to the Oklahoma Chiropractic
Practice Act.
Section 161.5 - Meetings - Duties of Officers - Bond - Liability.
A. The Board of Chiropractic Examiners shall organize annually at the first meeting of the Board
after the beginning of each fiscal year, by electing from among its members a president, a vice-president
and a secretary-treasurer. The Board shall hold regularly scheduled meetings at least
once each quarter at a time and place determined by the Board, and may hold such special
meetings, emergency meetings, or continued or reconvened meetings as found by the Board to
be expedient or necessary. A majority of the Board shall constitute a quorum for the transaction
of business.
B. The president shall preside at meetings of the Board, arrange the Board agenda, sign Board
orders and other required documents, coordinate Board activities and perform such other duties
as may be prescribed by the Board.
C. The vice-president shall perform the duties of the president during the president's absence or
disability and shall perform such other duties as may be prescribed by the Board.
D. The secretary-treasurer shall be responsible for the administrative functions of the Board and
shall submit at the first regular meeting of the Board after the end of each fiscal year, a full
itemized report of the receipts and disbursements for the prior fiscal year, showing the amount of
funds on hand.
E. The Board shall act in accordance with the provisions of the Oklahoma Open Meeting Act, the
Oklahoma Open Records Act, and the Administrative Procedures Act.
F. All members of the Board and such employees as determined by the Board shall be bonded as
required by Sections 85.26 through 85.31 of Title 74 of the Oklahoma Statutes.
G. The liability of any member or employee of the Board acting within the scope of Board duties
or employment shall be governed by the Governmental Tort Claims Act.
H. Members of the Board shall serve without compensation but shall be reimbursed for all actual
and necessary expenses incurred in the performance of their duties in accordance with the State
Travel Reimbursement Act.
I. All fees, charges, reimbursement minimums and other revenue-generating amounts shall be set
by the Board by rule.
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Section 161.6 - Powers of Board - Advisory Committee.
A. Pursuant to and in compliance with Article I of the Administrative Procedures Act, the Board of
Chiropractic Examiners shall have the power to formulate, adopt and promulgate rules as may be
necessary to regulate the practice of chiropractic in this state and to implement and enforce the
provisions of the Oklahoma Chiropractic Practice Act.
B. The Board is authorized and empowered to:
1. Establish and maintain a procedure or system for the certification or accreditation of
chiropractic physicians who are qualified in chiropractic post-doctorate Diplomate and all other
chiropractic specialties;
2. Establish a registration system and adopt and enforce standards for the education and training
of chiropractic physicians who engage in the business of issuing professional opinions on the
condition, prognosis or treatment of a patient;
3. Adopt and enforce standards governing the professional conduct of chiropractic physicians,
consistent with the provisions of the Oklahoma Chiropractic Practice Act, for the purpose of
establishing and maintaining a high standard of honesty, dignity, integrity and proficiency in the
profession;
4. Lease office space for the purpose of operating and maintaining a state office, and pay the rent
thereon; provided, however, such state office shall not be located in or directly adjacent to the
office of any practicing chiropractic physician;
5. Purchase office furniture, equipment and supplies;
6. Employ, direct, reimburse, evaluate, and dismiss such office personnel, as may be necessary,
in accordance with state procedures;
7. Employ legal counsel, as needed, to represent the Board in all legal matters and to assist
authorized state officers in prosecuting or restraining violations of the Oklahoma Chiropractic
Practice Act, and pay the fees for such services;
8. Order or subpoena the attendance of witnesses, the inspection of records and premises and
the production of relevant books and papers for the investigation of matters that may come before
the Board;
9. Employ one or more investigators, as needed, for the sole purpose of investigating written
complaints regarding the conduct of chiropractic physicians, and fix and pay their salaries or
wages. Any investigator shall be certified as a peace officer by the Council on Law Enforcement
Education and Training and shall have statewide jurisdiction to perform the duties authorized by
this section;
10. Pay the costs of such research programs in chiropractic as in the determination of the Board
would be beneficial to the chiropractic physicians in this state;
11. Establish minimum standards for continuing education programs administered by chiropractic
associations pursuant to Section 161.11 of this title;
12. Make such other expenditures as may be necessary in the performance of its duties;
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13. Establish appropriate fees and charges to implement the provisions of the Oklahoma
Chiropractic Practice Act;
14. Establish policies for Board operations;
15. Determine and direct Board operating administrative, personnel and budget policies and
procedures in accordance with applicable statutes;
16. Provide travel expenses for at least the Executive Director and provide travel expenses for
members of the Board to attend an annual national conference. The Board shall give each
member the opportunity to attend the annual national conference;
17. Assess chiropractic applicants the cost for a criminal background check. The criminal
background checks required by this section shall follow the requirements of Section 1-1950.1 of
Title 63 of the Oklahoma Statutes;
18. Out-of-state licensed chiropractic physicians may travel into Oklahoma to treat patients for
special events, including but not limited to sporting events and state emergencies within the
borders of Oklahoma after properly registering with the Board of Chiropractic Examiners; and
19. The Board of Chiropractic Examiners, by rule, shall promulgate a code of ethics.
C. The Board shall promulgate rules regarding continuing education seminars or courses or
license renewal seminars or courses including, but not limited to, the qualifications of an
applicant, association or entity seeking to sponsor a seminar or course, where the association or
entity is domiciled, whether the association or entity is classified as a nonprofit organization, and
the educational experience of instructors applying to conduct a seminar or course.
D. 1. The Board shall appoint an Advisory Committee of a minimum of four and no more than six
chiropractic physicians and one lay member representing the public who may advise and assist
the Board in:
a. Investigating the qualifications of applicants for an original license to practice chiropractic in
this state;
b. Investigating written complaints regarding the conduct of chiropractic physicians, including
alleged violations of the Oklahoma Chiropractic Practice Act or of the rules of the Board, and
c. Such other matters as the Board shall delegate to them.
2. The Advisory Committee shall be selected from a list of ten chiropractic physicians and three
lay persons submitted by each chiropractic association or society in this state or any unaffiliated
chiropractic physician desiring to submit a list. The term of service for members of the Advisory
Committee shall be determined by the Board. Members of the Advisory Committee shall be
reimbursed for all actual and necessary expenses incurred in the performance of their duties in
accordance with the State Travel Reimbursement Act.
E. 1. After an initial complaint is received by the Board, the Advisory Committee specified in
subsection D of this section shall meet and determine whether the complaint merits further
investigation. The focus and scope of an investigation shall pertain only to the subject of the
complaint.
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2. The Advisory Committee may utilize the services of an investigator employed or contracted by
the Board pursuant to this section. An investigator shall have the authority to investigate a
complaint only upon directive of a simple majority of the Advisory Committee or the chair of the
Advisory Committee.
3. The findings of the investigator shall be presented to the Advisory Committee. The Advisory
Committee shall review and determine whether the findings of the investigator and/or the
Advisory Committee shall be presented to the Board for possible further action.
F. The Board shall promulgate rules regarding the issuance of field citations and the assessment
of administrative penalties no later than July 1, 2012. Administrative penalties for field citations
shall not exceed Two Hundred Fifty Dollars ($250.00) for a first offense and One Thousand
Dollars ($1,000.00) for a second or subsequent offense.
Section 161.7 - Applications for Original License by Examination to Practice Chiropractic.
A. 1. Applications for an original license by examination to practice chiropractic in this state shall
be made to the Board of Chiropractic Examiners in writing on a form and in a manner prescribed
by the Board. The application shall be supported by the affidavits of two persons who hold a valid
license to practice chiropractic in this state or in another state, country, territory or province, and
who are not related to or under financial obligations to the applicant, showing the applicant to be
a person of good moral character.
2. The application shall be accompanied by a fee of One Hundred Seventy-Five Dollars ($175.00)
which shall not be refundable under any circumstances.
3. If the application is disapproved by the Board, the applicant shall be so notified by the
secretary-treasurer of the Board, with the reason for such disapproval fully stated in writing.
4. If the application is approved, the applicant, upon payment of an examination fee of One
Hundred Seventy-Five Dollars ($175.00)., may take an examination administered by the Board
for the purpose of securing an original license. The Board may accept a passing score on an
examination administered by the National Board of Chiropractic Examiners taken by the
applicant, or may require the applicant to take an examination administered by the Board or both.
B. Applicants for an original license to practice chiropractic in this state shall submit to the Board
of Chiropractic Examiners documentary evidence of completion of:
1. A course of standard high school education;
2. Ninety (90) semester hours of college credits in a college or university whose credits are
accepted by the University of Oklahoma. For students enrolled in an accredited Doctor of
Chiropractic Degree Program on the effective date of this act, proof of having earned a minimum
of sixty (60) semester hours of college credits at an institution for which credits are accepted by
the University of Oklahoma shall meet the requirements of this paragraph;
3. A course of resident study of not less than four (4) years of nine (9) months each in an
accredited chiropractic college. A senior student at an accredited chiropractic college may make
application for an original license by examination prior to graduation, but such a license shall not
be issued until documentary evidence of the graduation of the student from the college has been
submitted to the Board;
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4. Parts I, II, III, IV and physiotherapy as administered by the National Board of Chiropractic
Examiners with a passing score; and
5. Passing an examination with seventy-five percent (75%) or better.
C. Effective January 1, 2006, out-of-state licensed applicants shall submit to the Board
documentary evidence that the applicant has malpractice insurance. New applicants shall submit
to the Board documentary evidence that the applicant has malpractice insurance within six (6)
months of obtaining their Oklahoma license.
D. An applicant for an original license shall provide full disclosure to the Board of any disciplinary
action taken against the applicant in any state pursuant to licensure and/or criminal proceedings
including, but not limited to, pleading guilty or nolo contendere to, or being convicted of, a felony,
a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous
substance laws.
E. No later than one (1) year after receiving a license to practice in Oklahoma, chiropractic
physicians shall complete an orientation course of training approved by the Board. The
orientation course hours shall count as continuing education credits for the year in which they
were earned. An association may provide the orientation course of training.
F. The Board shall issue an original license to those applicants who have passed the required
examination with a score acceptable to the Board. No license fee shall be charged by the Board
for the balance of the calendar year in which such a license is issued.
Section 161.8 - Examination Subjects.
If an examination is administered by the Board of Chiropractic Examiners, it shall include those
technical, professional and practical subjects that relate to the practice of chiropractic including,
but not limited to, chiropractic principles, anatomy, histology, physiology, symptomatology,
orthopedia, chemistry, spinography, diagnosis, sanitation and hygiene, pathology, public health
service and adjustology. The Board shall also examine each applicant in the art of chiropractic
adjusting, x-ray, diagnostic laboratory procedures, physiological therapeutics and other subjects
taught by accredited chiropractic colleges.
Section 161.9 - Applications for Original License by Relocation to Practice Chiropractic.
A. Applications for an original license by relocation of practice to practice chiropractic in this state
shall be made to the Board of Chiropractic Examiners in writing on a form and in a manner
prescribed by the Board. The application shall be accompanied by a fee of Three Hundred Fifty
Dollars ($350.00), Three Hundred Dollars ($300.00), which shall not be refundable under any
circumstances. If the application is disapproved by the Board, it shall be returned to the applicant
with the reason for its disapproval fully stated in writing.
B. The Board may, in its discretion, issue an original license by relocation to practice to an
applicant who is currently licensed to practice chiropractic in another state, country, territory or
province, upon the following conditions:
1. That the applicant is of good moral character;
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2. That the requirements for licensure in the state, country, territory or province in which the
applicant is licensed are deemed by the Board to be equivalent to the requirements for obtaining
an original license by examination in force in this state at the date of such license;
3. That the applicant has no disciplinary matters pending against him in any state, country,
territory or province;
4. That the license of the applicant was obtained by examination in the state, country, territory or
province wherein it was issued, or was obtained by examination of the National Board of
Chiropractic Examiners;
5. That the applicant passes the examination given by the Board with a minimum score of
seventy-five percent (75%) or better; and
6. That the applicant meets all other requirements of the Oklahoma Chiropractic Practice Act.
C. Any applicant requesting a license by relocation of practice into Oklahoma shall:
1. Submit to the Board documentary evidence that the applicant has been in active practice as a
chiropractic physician five (5) years immediately preceding the date of the application;
2. Provide full disclosure to the Board of any disciplinary action taken against the applicant
pursuant to licensure as a chiropractic physician in any state pursuant to licensure and/or criminal
proceedings;
3. Provide full disclosure to the Board of any criminal proceeding taken against the applicant
including, but not limited to:
a. pleading guilty, pleading nolo contendere or receiving a conviction of a felony,
b. pleading guilty, pleading nolo contendere or receiving a conviction for a misdemeanor involving
moral turpitude, or
c. pleading guilty, pleading nolo contendere or receiving a conviction for violation of federal or
state controlled dangerous substance laws;
4. Comply with the jurisprudence assessment of this state;
5. If requested, appear before the Board for a personal interview; and
6. Pay an application fee to be set by rule of the Board.
D. No license fee shall be charged by the Board for the balance of the calendar year in which
such a license is issued.
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Section 161.10a-Continuing Education Programs and Courses
A. At least ninety (90) calendar days prior to offering a continuing education course in Oklahoma,
an association shall submit to the Board for approval:
1. An application to provide continuing education in this state;
2. The agenda for the continuing education seminar;
3. The professional background of the instructors; and
4. A summary of the courses to be taught at the continuing education seminar.
B. No later than thirty (30) days after submission of the application, the Board of Chiropractic
Examiners shall either approve or reject the continuing education seminar.
C. A continuing education program shall offer seminars providing continuing education on those
subjects within the scope of practice of chiropractic as well as those technical, professional, and
practical subjects that relate to the practice of chiropractic as included in Section 161.8 of Title 59
of the Oklahoma Statutes. Instructors at continuing education seminars may sell products as long
as the sale of such products is ancillary to the purpose of the seminar.
D. Beginning January 1, 2006, a maximum of eight (8) hours of the annual Oklahoma continuing
education requirements may be obtained by a continuing education program outside this state if
the out-of-state continuing education program is approved by the Board.
E. Chiropractic physicians who have not been in active practice during the previous year shall be
exempt from that calendar year’s continuing education requirements. However, prior to returning
to active practice, the chiropractor must have attended the required continuing education during
the previous calendar year.
F. All licensed chiropractic physicians must attend a minimum of eight (8) hours of in-state
continuing education programs approved by the Board of Chiropractic Examiners.
G. Beginning January 1, 2005, the Board shall waive the in-state attendance requirements for
continuing education, if the licensee was prevented from attending by illness or extenuating
circumstances, as determined by the Board.
Section 161.11 - Renewal License Fee.
A. 1. Beginning January 1, 2005:
a. except as provided in subsection B of this section, every person holding an original license to
practice chiropractic in this state shall pay to the Board of Chiropractic Examiners, on or before
July1 of each year, a renewal license fee of Two Hundred Twenty-five Dollars ($225.00), and
b. an inactive nonresidents holding an original license to practice chiropractic in Oklahoma and
who has filed a statement with the Board that the licensee is not actively engaged in the practice
of chiropractic in this state and shall not engage in the practice of chiropractic in this state during
the succeeding year, shall pay to the Board, on or before July1 of each year, a renewal license
fee of One Hundred Seventy-five Dollars ($175.00).
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c. an inactive resident holding an original license to practice chiropractic in Oklahoma, and who
has filed, or on whose behalf has been filed, a statement with the Board that because of illness,
infirmity, active military service or other circumstances as approved by the Board, the licensee is
unable to actively engage in the practice of chiropractic during the succeeding year, shall pay to
the Board a renewal license fee of One Hundred Dollars ($100.00), and
d. a person holding an original license, but who is sixty-five (65) years of age or older who has
filed a statement with the Board that the licensee is not actively engaged in the practice of
chiropractic in this state and shall not engage in the practice of chiropractic in this state during the
succeeding year, shall pay to the Board a renewal licensee fee of Fifty Dollars ($50.00).
2. In addition, each licensee shall present to the Board satisfactory evidence that during the
preceding twelve (12) months the licensee attended sixteen (16) hours of continuing education
that meets the requirements of Section 161.10a of this title, provide that inactive resident
licensees may, at the discretion of the Board, be exempt from this requirement.
3. Beginning January 1, 2006, every chiropractic physician who is actively engaged in the
practice of chiropractic in this state shall submit to the Board documentary evidence that the
chiropractor has malpractice insurance and maintains such insurance twelve (12) months of each
year when practicing in this state. Any licensee who is not actively engaged in practice in this
state, shall be exempt from providing proof of malpractice insurance.
B. Subject to the laws of this state and rules promulgated pursuant to the Oklahoma Chiropractic
Practice Act, the Board shall, upon determination that a licensee has complied with the
requirements of subsection A of this section, issue a renewal license to said licensee.
C. The failure of a licensee to properly renew a license or certificate shall be evidence of
noncompliance with the Oklahoma Chiropractic Practice Act.
1. The license shall automatically be placed in a lapsed status for failure to renew and shall be
considered lapsed and not in good standing for purposes of the practice of chiropractic.
2. If within sixty (60) calendar days after July1 the licensee pays the renewal fee, and the
reinstatement fee set by the Board, the license may be reactivated.
3. If sixty (60) calendar days elapse and the license is not reinstated, the license shall
automatically be suspended for failure to renew.
4. The practice of chiropractic is prohibited unless the license is active and in good standing with
the Board.
D. When an original license or renewal license, or both, have been suspended under the
provisions of this section, the license or licenses may be reinstated upon:
1. Payment of a reinstatement fee in an amount fixed by the Board not to exceed Four Hundred
Dollars ($400.00);
2. Payment of the renewal license fee for the calendar year in which the original license is
reinstated; and
3. Presentation to the Board of satisfactory evidence of compliance with the continuing education
requirement of this section for the calendar year in which the original license is reinstated.
14
E. The Board, by rule, may establish guidelines for the disposition of disciplinary cases involving
specific types of violations. The guidelines may include, but are not limited to:
1. Minimum and maximum administrative fines;
2. Periods of suspension, probation or supervision;
3. Terms and conditions of probation; and
4. Terms and conditions for the reinstatement of an original license or renewal license, or both.
Section 161.12 - Grounds for Imposing Penalties.
A. The Board of Chiropractic Examiners is authorized, after notice and an opportunity for a
hearing pursuant to Article II of the Administrative Procedures Act, to issue an order imposing one
or more of the following penalties whenever the Board finds, by clear and convincing evidence,
that a chiropractic physician has committed any of the acts or occurrences set forth in subsection
B of this section:
1. Disapproval of an application for a renewal license;
2. Revocation or suspension of an original license or renewal license, or both;
3. Restriction of the practice of a chiropractic physician under such terms and conditions as
deemed appropriate by the Board;
4. An administrative fine not to exceed One Thousand Dollars ($1,000.00) for each count or
separate violation;
5. A censure or reprimand; and
6. Placement of a chiropractic physician on probation for a period of time and under such terms
and conditions as the Board may specify, including requiring the chiropractic physician to submit
to treatment, to attend continuing education courses, to submit to reexamination, or to work under
the supervision of another chiropractic physician.
B. The following acts or occurrences by a chiropractic physician shall constitute grounds for which
the penalties specified in subsection A of this section may be imposed by order of the Board:
1. Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving
moral turpitude, or a violation of federal or state controlled dangerous substances laws. A copy of
the judgment and sentence of the conviction, duly certified by the clerk of the court in which the
conviction was obtained, and a certificate of the clerk that the conviction has become final, shall
be sufficient evidence for the imposition of a penalty;
2. Being habitually drunk or habitually using habit-forming drugs;
3. Using advertising in which statements are made that are fraudulent, deceitful or misleading to
the public;
4. Aiding or abetting any person not licensed to practice chiropractic in this state to practice
chiropractic, except students who are regularly enrolled in an accredited chiropractic college;
15
5. Performing or attempting to perform major or minor surgery in this state, or using electricity in
any form for surgical purposes, including cauterization;
6. Using or having in a chiropractic physician’s possession any instrument for treatment
purposes, the use or possession of which has been prohibited or declared unlawful by any
agency of the United States or the State of Oklahoma;
7. Unlawfully possessing, prescribing or administering any drug, medicine, serum or vaccine. This
section shall not prevent a chiropractic physician from possessing, prescribing or administering,
by a needle or otherwise, vitamins, minerals or nutritional supplements, or from practicing within
the scope of the science and art of chiropractic as defined in Section 161.2 of this title;
8. Advertising or displaying, directly or indirectly, any certificate, diploma or other document which
conveys or implies information that the person is skilled in any healing art other than chiropractic
unless the chiropractic physician also possesses a valid current license in said healing art;
9. Obtaining an original license or renewal license in a fraudulent manner;
10. Violating any provision of the Unfair Claims Settlement Practices Act or any rule promulgated
pursuant thereto;
11. Willfully aiding or assisting an insurer, as defined in Section 1250.2 of Title 36 of the
Oklahoma Statutes, or an administrator, as defined in Section 1442 of Title 36 of the Oklahoma
Statutes, to deny claims which under the terms of the insurance contract are covered services
and are medically necessary;
12. Violating any provision of the Oklahoma Chiropractic Practice Act; or
13. Violating any of the rules of the Board.
C. Any chiropractic physician against whom a penalty is imposed by an order of the Board under
the provisions of this section shall have the right to seek a judicial review of the order pursuant to
Article II of the Administrative Procedures Act.
D. The Board is authorized to issue a confidential letter of concern to a chiropractic physician
when, though evidence does not warrant initiation of an individual proceeding, the Board has
noted indications of possible errant conduct by the chiropractic physician that could lead to
serious consequences and formal action by the Board.
E. If no order imposing a penalty against a chiropractic physician is issued by the Board within
three (3) years after a complaint against the chiropractic physician is received by the Board, the
complaint and all related documents shall be expunged from the records of the Board.
Section 161.12a - Registration as Chiropractic Claims Consultant
A chiropractic physician who desires to act as a chiropractic claims consultant shall register with
the Board of Chiropractic Examiners on a form prescribed by the Board. The Board shall issue a
certificate to the chiropractic physician entitling them to act as a chiropractic claims consultant in
this state
16
Section 161.13 - Suspension because of Incompetence.
A. The Board of Chiropractic Examiners is authorized, after notice and opportunity for a hearing,
pursuant to Article II of the Administrative Procedures Act, to issue an order suspending the
original license or renewal license, or both, of a chiropractic physician whenever the Board finds,
by clear and convincing evidence, that the chiropractic physician has become incompetent to
practice chiropractic because of mental illness. Commitment of a chiropractic physician to an
institution for the mentally ill shall be considered prima facie evidence of his incompetency to
practice chiropractic because of mental illness.
B. Any chiropractic physician who has his original license or renewal license, or both, suspended
under the provisions of this section shall have the right to seek a judicial review of the order
pursuant to Article II of the Administrative Procedures Act.
C. The Board, on its own motion or on the application of a chiropractic physician whose original
license or renewal license, or both, have been suspended under the provisions of this section, is
authorized, on proper showing that the chiropractic physician's competency to practice
chiropractic has been restored, to reinstate the license or licenses at any time; provided,
however, reinstatement shall not be made while the chiropractic physician is confined in an
institution for the mentally ill. No reinstatement fee shall be charged by the Board for the
reinstatement of any license which has been suspended under the provisions of this section.
Section 161.14 –Requirement of License-Penalty for Violation.
A. Any person who shall practice or attempt to practice chiropractic in this state, or who shall hold
himself or herself out to the public as a practitioner of chiropractic in this state, without having first
obtained an original license to practice chiropractic from the Board of Chiropractic Examiners, or
after the original license to practice chiropractic has been revoked, or while such original license
is under suspension, shall be deemed guilty of a misdemeanor and upon conviction shall be
punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than Two
Thousand Dollars ($2,000.00), or by imprisonment in the county jail for not less than five (5) days
nor more than thirty (30) days, or by both such fine and imprisonment. Each day of such violation
shall constitute a separate and distinct offense.
B. The Board of Chiropractic Examiners is hereby authorized to apply to a court of competent
jurisdiction for an order enjoining an unlicensed person from practicing chiropractic or holding
himself or herself out as a practitioner of chiropractic. Any injunctive relief granted by the court
shall be without bond.
Section 161.15 - Doctors of Chiropractic Governed by Public Health Laws.
Doctors of chiropractic shall be bound by all the provisions of the Oklahoma Public
Health Code that apply to them, and shall be qualified to sign:
1. Death certificates, pursuant to Section 1-317 of Title 63 of the Oklahoma
Statutes; and
2. All other certificates, including those relating to public health, the same as doctors of medicine
and surgery and doctors of osteopathic medicine, and with like effect.
17
Section 161.16 - Administration of Chiropractic Education Scholarship Program.
A. A Chiropractic Education Scholarship Program, to be administered by the Board of
Chiropractic Examiners, is hereby created. Chiropractic education scholarships may be awarded
each fiscal year to persons approved by the Board for the study of chiropractic leading to the
attainment of the degree of doctor of chiropractic. To be eligible to receive a scholarship a person
must:
1. Be a legal resident of this state for not less than five (5) years prior to the date of submitting an
application to the Board;
2. Meet all requirements and academic standards established by the Board;
3. Attend an accredited chiropractic college; and
4. Demonstrate satisfactory progress in the study of chiropractic.
B. Preference in the granting of such scholarships shall be given to those individuals with the
highest weighted scholastic averages, provided they are persons of high integrity and character
and are found by the Board to have those qualities and attributes which give a reasonable
assurance of their pursuing to completion the course of study required for a degree of doctor of
chiropractic. The scholarships shall be awarded in an amount not to exceed Six Thousand Dollars
($6,000.00) each year per student. No student shall be given more than four (4) annual
scholarships. The Board is authorized to accept any federal, state, county or private funds, grants
or appropriations to be used to award such scholarships to qualified persons.
Section 161.17 - Chiropractic Undergraduate Preceptorship Program - Establishment.
A Chiropractic Undergraduate Preceptorship Program, in conjunction with accredited chiropractic
colleges, shall be established by the Board of Chiropractic Examiners, who may appoint five (5)
chiropractic physicians to administer the program.
Each intern in the program shall pay a nonrefundable fee of Thirty-five Dollars ($35.00) to the
Board each trimester the intern participates in the program.
The Board shall by rule establish standards, qualifications and responsibilities for interns,
preceptors and accredited chiropractic colleges participating in the program.
Section 161.18 - Oklahoma Chiropractic Code of Ethics - Creation - Responsibilities.
Chiropractic physicians may be listed in all publications as:
1. Physicians, Chiropractic;
2. Chiropractors; or
3. Doctors of Chiropractic.
18
Section 161.20 - Board of Chiropractic Examiners' Revolving Fund - Creation.
There is hereby created in the State Treasury a revolving fund for the Board of Chiropractic
Examiners, to be designated as the "Board of Chiropractic Examiners' Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies
received by the Board pursuant to the provisions of the Oklahoma Chiropractic Practice Act. All
monies accruing to the credit of said fund are hereby appropriated and may be budgeted and
expended by the Board for the purpose of implementing and enforcing the provisions of the
Oklahoma Chiropractic Practice Act. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims signed by the secretary-treasurer of the Board or by
an authorized employee or employees of the Board and filed as prescribed by law with the
Director of State Finance for approval and payment.
19
Part II
TITLE 140. BOARD OF CHIROPRACTIC EXAMINERS
NEW RULES EFFECTIVE 06/25/2011
20
CHAPTER 1. ADMINISTRATIVE ORGANIZATION AND OPERATIONS
Subchapter Section
1. General Provisions ................................................................................................................................... 140:1-1-1
3. Board Purpose and Organization............................................................................................................... 140:1-3-1
5. Procedures ................................................................................................................................................ 140:1-5-1
7. Declaratory Rulings.................................................................................................................................. 140:1-7-1
[Authority: 75 O.S., § 302; 59 O.S., § 161.6]
SUBCHAPTER 1. GENERAL PROVISIONS
Section
140:1-1-1. Purpose
140:1-1-2. Definitions
140:1-1-3. Gender
140:1-1-4. Statutory citations
140:1-1-5. State Associations
140:1-1-1. Purpose
The purpose of this Chapter is to:
(1) provide a description of organization of the Board, the general course of conduct and method of
the operations of the Board, and the methods whereby the public may obtain information or make
submissions or requests;
(2) set forth the nature and requirements of certain formal and informal procedures available;
(3) prescribe the form for petitions by interested persons who request the promulgation, amendments
or repeal of a rule by the Board, and the procedure for their submission, consideration and
disposition; and
(4) provide for the filing and prompt disposition of petitions for declaratory ruling by the Board as to
the applicability of any rule or order of the Board; as required by the Administrative Procedures
Act
140:1-1-2. Definitions
The following words and terms when used in this Chapter, shall have the following meaning, unless
the context clearly indicates otherwise:
"Accredited Chiropractic College" means a chiropractic educational institution, which is accredited
by the Commission on Accreditation of the Council on Chiropractic Education or its successor.
"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.
"APA" means the Oklahoma Administrative Procedures Act, 75 O.S.1991, §§ 250 et seq.
"Advisory Committee" means the committee appointed by the Board to advise and assist the Board
in the investigation of the qualifications for licensure, complaints as to the conduct of chiropractic
physicians, and for such other matters as the Board delegate to them.
"Applicant" means any person submitting an application for licensure to the Board.
"Board" means the Board of Chiropractic Examiners.
"Chiropractic" means the science and art that teaches health in anatomic relation and disease or
abnormality in anatomic. disrelation, and includes hygienic, sanitary and therapeutic measures incident
thereto in humans.
"Chiropractic physician" or "licensee" means a person who holds an original license to practice
chiropractic in this state.
"Continuing education requirements" means attendance by a licensee at a minimum of (16) sixteen
hours of Chiropractic education seminars as required for a renewal license.
"Emergency meeting" means a meeting of the board, which is called pursuant to the Open Meeting
Act based upon exigent circumstances, which require expedited attention, by the board to the matters
concerned.
"Examination" means the process used by the Board, prior to the issuance of an original license, to
test the qualifications and knowledge of an applicant on any or all of the following: current statutes, rules,
or any of those subjects listed in Section 161.8 of the Act.
21
"Executive Director" means the Executive Director of the Board.
"Final order" means on order made by the Board pursuant to the APA and which is subject to judicial
review.
"Individual proceeding" means the formal process employed by the Board to provide a hearing for a
licensee of the Board to provide a hearing for the licensee of the Board accused of a violation of the Act
and in which the Board may take action against such person’s original license to practice chiropractic in
this state
"Licensure" means the Board’s process with respect to the grant, denial, renewal, revocation, or
suspension of an original or renewal license.
"OAC" means the Oklahoma Administrative Code.
"Order" means a formal or official decision of the Board including, but not limited to, final orders.
"Original license" means a license which grants initial authorization to practice chiropractic in this
state issued by the Board to an applicant found by the Board to meet the requirements for licensure of the
Act,
(A) by examination pursuant to § 161.7 and 161.8 of the Act and 140:10-3-1 through 140:10-
3-4; or
(B) by relocation of practice pursuant to § 161.9 of the Act and 140:10-3-5.
"Party" means a person or agency named and participating or properly seeking and entitled by law to
participate in an individual proceeding.
"Person" means any individual, association, governmental subdivision, or public or private
organization of any character other than an agency.
"Regular meetings" means regular meetings of the Board held at such times and places as scheduled
by the Board and includes continued and reconvened meetings as may be allowed pursuant to the Open
Meetings Act. Provided, however, that continued and reconvened meetings shall be as limited by the
Open Meeting Act.
"Relocation of Practice" means the ability for an applicant to obtain a chiropractic license on the
following conditions:
(A) The applicant is of good moral character;
(B) The applicant shall submit documentary evidence that they have been in active practice for five (5)
years immediately preceding the date of application;
(C) The applicant has had no disciplinary action pending against their license in any other state,
country or province:
(D) The licensee requesting relocation of practice shall comply with the jurisprudence assessment
examination administered by the Board of Chiropractic Examiners of this state.
(E) The applicant may be requested to appear before the Board for a personal interview, and:
(F) The applicant shall meet all other requirements set forth in the Oklahoma Chiropractic Practice
Act.
"Renewal license" means a license issued by the Board on or before the first day of January of each
year to a licensee, which authorizes the licensee to practice chiropractic in this state for the succeeding
calendar year.
"Revocation" means the recalling, annulling or rendering inoperative of an original license or renewal
license, or both, by the Board, after notice and an opportunity for a hearing in an individual proceeding.
"Rule or rules" means the rules of the Board promulgated pursuant to the APA or its successor
statutes.
"Rule-making" means the process employed by the Board for the promulgation of a rule.
"Scope of practice" means chiropractic is the science and art that teaches health in anatomic relation
and disease or abnormality in anatomic disrelation, and includes hygienic, sanitary and therapeutic
measures incident thereto in humans. The scope of practice of chiropractic shall include those diagnostic
and treatment services and procedures, which have been taught by an accredited chiropractic college and
have been approved by the Board of Chiropractic Examiners. Such diagnostic and treatment services and
procedures shall include the following: Chiropractic physicians may examine, analyze and diagnose the
human body to correct, relieve or prevent diseases and abnormalities by the use of any physical, chemical,
electrical, or thermal method; use or order diagnostic radiological imaging; use or order laboratory testing;
and use any other method of examination for diagnosis and analysis taught by an accredited chiropractic
college and approved by the Board of Chiropractic Examiners. In addition, Chiropractic physicians may
adjust, manipulate and treat the human body by manual, mechanical, chemical, electrical, or natural
22
methods; by the use of physiotherapy; meridian therapy; by utilizing hygienic, sanitary and therapeutic
measures; by the administration of naturopathic and homeopathic remedies, by the application of first aid
or by performing any other treatment taught by an accredited chiropractic college and approved by the
Board of Chiropractic Examiners. Nothing in this rule shall permit a Chiropractic Physician to prescribe
legend drugs, beyond injectable nutrients, as is currently the law in Title 59 Section 161.12 of the
Oklahoma Statutes.
"Secretary-Treasurer" means the Secretary-Treasurer of the Board.
"Special meeting" means all meetings of the Board other than regular or emergency meetings.
"Suspension" means temporary discontinuance or cessation, with an expectation of reinstatement, of
an original license or renewal license, or both, by the Board after notice and an opportunity for a hearing as
required in an individual proceeding.
140:1-1-3 Gender
As used in this Title, the masculine gender shall be deemed to include the feminine statute.
140:1-1-4 Statutory citations
Citations to statutes in this Chapter refer to the most recent codification of the statute.
140:1-1-5. STATE ASSOCIATIONS
All state chiropractic associations shall annually submit to the Board the names of their current officers
within sixty (60) days of election of the officers by the association, and shall designate which officers shall
represent the association at all Board meetings. Only those officers designated by the association as its
representatives and those employees of the association holding written authorization signed by the
association chairman will be allowed to represent the official views, opinions, and desires of the association
at the Board meetings. The association may designate up to three (3) officers as representatives.
SUBCHAPTER 3. BOARD PURPOSE AND ORGANIZATION
Section
140:1-3-1. Purpose of Board
140:1-3-2. Meetings of the Board
140:1-3-3. Election of Board officers
140:1-3-4. Bonds
140:1-3-5. Objective of Board
140:1-3-6. Requests for information
140:1-3-7. Duties of the President
140:1-3-8. Duties of the Vice-President
140:1-3-9. Duties of the Secretary-Treasurer
140:1-3-10. Forms and instructions
140:1-3-1 Purpose of Board
The purpose of the Board shall be to regulate the practice of chiropractic in this state, as provided in
the Act and to implement, administer, and enforce the provisions of the Act.
140:1-3-2 Meeting of the Board
(a) All meetings of the Board shall be conducted in compliance with the Oklahoma Open Meetings
Act, 25 O.S.1991, §§330, et seq. The Board shall cause advance public notice of the date, time
and place of each meeting to be convened as well as provide an agenda of all matters to be
considered.
(b) The Board shall hold regular meetings at least once each quarter at a time and place determined by
the Bard and for which notice has been properly given to the Secretary of State pursuant to the
Oklahoma Open Meetings Act.
(c) The Board may hold such special meetings, emergency meetings, or continued or reconvened
meetings as found by the Board to be expedient, necessary or proper.
23
(d) All actions of the Board shall be kept in the form of written minutes, which shall be an official
summary of the actions and which shall show clearly those members present and absent, all
matters considered by the Board, and all action taken by the Board. In the written minutes of an
emergency meeting, the nature of the emergency and all actions which occurred at such meeting,
including the reason or reasons for declaring such emergency meeting, shall be included.
(e) The minutes of each meeting, except for minutes of any proper executive or closed session, shall
be open to public inspection andshall reflect the manner and time public notice of the meeting was
provided as required by the Oklahoma Open Meeting Act.
140:1-3-3 Election of Board officers
The Board shall organize annually at the first meeting of the Board during the fiscal year by electing
from among its members a President, a Vice-President and a Secretary-Treasurer.
140:1-3-4 Bonds
All members of the Board, where required by law, and such employees as determined by the Board,
shall be bonded as required by Section 85.26 through 85.31 of Title 74 of the Oklahoma Statutes.
140:1-3-5 Objective of Board
It shall be the objective of the Board to foster higher professional standards within the practice of
chiropractic in this state, consistent with the best interests of the health, welfare, and safety of the public.
140:1-3-6. Requests for information
(a) The Board shall act at all time in accordance with the provisions of the Oklahoma Open Records
Act, 51 O.S. 1991, Subsection 24A.1 et seq., as amended.
(b) The public may obtain information relative to the Board by submitting written, telephonic,
facsimile or other form of request to the Executive Director or his/her designee. All public
records shall be available for inspection and copying during normal business hours to receive and,
where appropriate, act upon requests for record review and copying.
(c) All records of the Board shall be public unless protected by a mandatory or permissive privilege
of confidentiality. The Executive Director of the Board shall determine whether or not disclosure
is made.
(d) In the event any request for a record which contains individual records of persons is solely for
commercial purposes or clearly would cause excessive disruption to the public body's essential
function, there shall be an additional charge computed and assessed based on the cost of
personnel necessary to accomplish the copying and basis for a document search.
140:1-3-7 Duties of President
The duties of the President of the Board shall be to:
(1) preside at meetings of the Board;
(2) supervise the preparation of the agenda of each Board meeting;
(3) sign Board orders and other required documents;
(4) coordinate Board activities; and
(5) perform such other duties as are prescribed in the Act or by the Board.
140:1-3-8 Duties of the Vice-President
The duties of the Vice-President of the Board shall be to:
(1) perform the duties of the President during the President’s absence; and
(2) perform such other duties as are prescribed in the Act or by the Board.
140:1-3-9. Duties of the Secretary-Treasurer
The duties of the Secretary-Treasurer of the Board shall be to:
(1) supervise office personnel employed by the Board;
(2) oversee the administrative functions of the Board's administrative office; and
(3) submit a full itemized report at the first regular meeting of the Board after the end of each fiscal
year of receipts and disbursements for the prior fiscal year, showing the amount of funds available.
24
140:1-3-10. Forms and instructions
(a) The Board shall cause to be created appropriate forms and instruction related to chiropractic
licensure, renewal, continuing education requirements, and such other matters as deemed
necessary by the Board.
(b) Forms and instructions of the Board shall be maintained at the Offices of the Board and shall be
available to any person upon request.
SUBCHAPTER 5. PROCEDURES
Section
140:1-5-1. Scope and application
140:1-5-2. Rule-making procedures
140:1-5-3. Filing of rules
140:1-5-4. Effective date
140:1-5-5. Petitions for rule-making
140:1-5-6. Board member not to communicate [REVOKED]
140:1-5-7. Procedures for complaints against licensees [REVOKED]
140:1-5-8. Disciplinary action [REVOKED]
140:1-5-9. Discovery [REVOKED]
140:1-5-10. Disqualifications of Board member in individual proceedings [REVOKED]
140:1-5-11. Rehearing, reopening, or reconsideration of Board decision [REVOKED]
140:1-5-12. Final orders; judicial review [REVOKED]
140:1-5-13. Petitions for declaratory rulings [REVOKED]
140:1-5-14. Conduct of hearings [REVOKED]
140:1-5-15. Evidentiary considerations in individual proceedings [REVOKED]
140:1-5-16. Proposed orders [REVOKED]
140:1-5-17. Final order contents [REVOKED]
140:1-5-18. Forms [REVOKED]
140:1-5-1. Scope and application
The Subchapter describes procedures of the Board on rulemaking, including the procedure for
submission, consideration and disposition of petitions requesting the promulgation, amendment or repeal of
a rule, as required by Article I of the APA.
140:1-5-2. Rule-making procedures
The Board shall follow the procedures set forth in Article I of the APA for the adoption, amendment,
or repeal of any rule.
140:1-5-3. Filing of rules
Copies of all rules adopted by the Board shall be filed by the Secretary-Treasurer with the appropriate
executive and legislative officers of this state pursuant to Article I of the APA.
140:1-5-5. Petitions for rule-making
(a) Any interested person may petition the Board in writing to promulgate, amend or repeal a rule.
(b) The Board shall maintain a permanent docket concerning petitions for the promulgation,
amendment or repeal of a rule. At the time such a petition is filed, it shall be numbered, and the
number of the petition, the date filing, the designation of the action sought, and the name and
address of the person who filed the petition shall be shown. The Address shall include the city,
state or post office box and zip code.
(c) The petition must be filed with the Board in duplicate and shall be typewritten, except as may be
waived by the Board upon written request.
(d) The petition shall contain the following information as applicable and except as may be waived by
the Board:
(1) A statement of the legal authority and jurisdiction under which the petition is filed;
(2) The exact language of the proposed rule, amendment, or repeal request;
(3) A statement and legal references which show that the requested rule, amendment or
repeal is not in conflict with any existing rule, ruling, order or opinion of the Board or
25
any policy or provision of the Act or APA, or that any earlier rule, ruling, order or
opinion should be set aside or modified;
(4) A statement of the purpose of the requested rule, amendment or repeal and at least one
example or fact, amendment or repeal and at least one example or fact situation to which
the rule, amendment or repeal will apply; and
(5) The name and address of the person who requested the rule, amendment or repeal. In the
event the request is made by an association, the request shall also include the name and
address of a contact person at said association who is able to provide meaningful
information related to the request.
(e) The petition shall be submitted for study for a maximum period of ninety (90) days.
(f) The Board, on its own motion or upon the request of any other interested party, may require any
petitioner to provide additional information, as may be specified by the Board, for use in the
Board’s consideration and disposition of a petition. The failure of a petitioner to provide
additional requested information shall constitute grounds for the Board to take no action on a
petition.
(g) Upon completion of the study period, the Board during a regular or special meeting shall meet to
consider the merits and proper deposition of the petition. Not less than ten (10) days prior to such
meeting, the Secretary-Treasurer shall notify the petitioner in writing of the date, time and place
such petition shall be considered, and the Board may request petitioner’s presence for purposes of
argument or submission of other information related to the petition.
(h) At the time and place designated for the public hearing, proponents and opponents of the proposed
rule, amendment or repeal of a rule may be heard in the manner and order set forth by the Board at
that time.
(i) At the conclusion of the public hearing, the Board shall render its decision on the petition.
(j) Dissatisfied parties may request a rehearing, reopening or reconsideration within ten (10) days
from the date action by the Board in the manner allowed by the APA at 75 O.S. 1991, §317, or its
successor statue.
140:1-5-6. Board members not to communicate
[REVOKED]
140:1-5-7. Procedures for complaints against licensees
[REVOKED]
140:1-5-8. Disciplinary action
[REVOKED]
140:1-5-9. Discovery
[REVOKED]
140:1-5-10 Disqualification of Board member in individual proceedings
[REVOKED]
140:1-5-11 Rehearing, reopening, or reconsideration of Board decision
[REVOKED]
140:1-5-12 Final orders; judicial review
[REVOKED]
140:1-5-13 Petition for declaratory rulings
[REVOKED]
140:1-5-14 Conduct of hearings
[REVOKED]
140:1-5-15 Evidentiary consideration in individual proceedings
[REVOKED]
26
140:1-5-16 Proposed orders
[REVOKED]
140:1-5-17 Final order contents
[REVOKED]
140:1-5-18 Forms
[REVOKED]
SUBCHAPTER 7. DECLARATORY RULINGS
Section
140:1-7-1. Scope and application
140:1-7-2. Petitions for declaratory rulings
140:1-7-1. Scope and application
This Subchapter describes the procedures of the Board related to the filing and deposition of petitions
for declaratory ruling, as required b Article I of the APA.
140:1-7-2 Petitions for declaratory rulings
(a) Any person who desired a ruling as to the application of any rule or order of the Board may file a
petition with the Executive Secretary, in writing, to request such ruling.
(b) All such petitions shall be in writing and filed with the Executive Director. Petitions to the Board for
declaratory rulings shall be in the following form and contain the following information:
(1) Petitions shall be submitted in legible typewritten form, with the original copy
submitted, and shall be submitted in person or by mail to the Executive Director
(2) Petitions must clearly identify the submitting party or parties by name, address,
official title (if any), and complete business address and must include a clear
statement reflecting the interest of the submitter(s) in such petition and the real
party(ies) of interest if the submission is by an agent or attorney.
(3) Every petition must clearly state that such is for issuance of a declaratory ruling
as to the applicability of a specifically identified rule or order. A petition may pertain
to only one subject area and individual petitions are required for separate subjects.
Separate petitions may be required for individual sections of rules.
(4) If the petition requests a declaratory ruling of the Board as to a rule, the complete
verbatim text of the existing rule shall be restated therein or attached as an appendix to
the petition. If the petition pertains to a request for a declaratory ruling of a previous
order of the Board, a copy of the previous order shall be clearly referred to or attached
as Appendix to the Petition and the petition shall clearly identify the pertinent portions
of such order which is the subject of the request.
(5) All petitions must be signed and endorsed by the petitioning party(ies) or their
legal representative(s) and notarized.
(c) Petitions which are not in proper form or which lack the necessary reasonable basis for consideration
by the Board will be returned to the submitter(s) or may be summarily denied
(b) (d) Unless the Board request a formal or informal opinion of the Attorney General, the Board shall,
within sixty (60) days after receipt of the petition and during its next regular or special meeting, issue its
declaratory ruling on the matter. The declaratory ruling shall consist of:
(1) a restatement of the question posed in the petition;
(2) an answer to the question posed in the petition;
(3) the reason or reasons for the answer given.
(c) (e) A copy of the each declaratory ruling shall be mailed to the person who requested the declaratory
ruling immediately after its issuance by the Board.
(d) (f) Copies of all declaratory rulings shall be placed in the permanent file at the
offices of the Board for public inspection, copying and/or mechanical reproduction during regular business
hours.
27
CHAPTER 3. DISCIPLINARY PROCEDURES
Subchapter
Section
1. General Provisions .............................................................................................................................................. 140:3-1-1
3. Filing and Disposition of Complaints................................................................................................................... 140:3-3-1
[Authority: 59 O.S. § 161.1]
SUBCHAPTER 1. GENERAL PROVISIONS
Section
140:3-1-1. Purpose
140:3-1-2. Definition
140:3-1-3. Gender
140:3-1-4. Statutory citations
140:3-1-1 Purpose
The purpose of the Chapter is to describe the procedures for the filing, investigation and disposition of
complaints against chiropractic physicians pursuant to the Act.
140:3-1-2 Definitions
The following words and terms, when used in this Chapter, shall have the following meaning, unless
the context clearly indicates otherwise:
"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.
"Advisory Committee" means the committee appointed by the Board to advise and assist the Board
in the investigation of the qualifications for licensure, complaints as to the conduct of chiropractic
physicians, and for such other matters as the Board delegates to them.
"Board" means the Board of Chiropractic Examiners.
"Chiropractic" means the science and art that teaches health in anatomic relation and disease or
abnormality in anatomic disrelation, and includes hygienic, sanitary and therapeutic measures incident
thereto.
"Chiropractic physician" or "licensee" means a person who holds an original license to practice
chiropractic in this state.
"Code of Ethics" means the Oklahoma Chiropractic Code of Ethics, OAC 140:15-7-5.
"Complaints" means a written statement by the person alleging that a chiropractic physician has
committed a violation of the Act or the rules of the Board.
"Examination" means the process used by the Board prior to the issuance of an original license to test
the qualifications and knowledge of an applicant on any or all the following: current statutes, rules or any
of those subjects listed in Section 161.8 of the Act.
"Final order" means an order made by the Board pursuant to the APA and which is subject to judicial
review.
"Individual proceeding" means the formal process employed by the Board to provide a hearing for a
licensee of the Board to provide a hearing for the licensee of the Board accused of a violation of the Act
and in which the Board may take action against such person’s original license to practice chiropractic in
this state.
"Letter of Concern" means a letter issued by the Board to a chiropractic physician to advise a said
chiropractic physician of a probable violation of the Act or the rules of the Board.
"Order" means a formal or official decision of the Board including, but not limited to, final orders.
“Original license” means a license which grants initial authorization to practice chiropractic in this
state issued by the Board to an applicant found by the Board to meet the requirements for licensure of the
Act,
(A) by examination pursuant to § 161.7 and 161.8 of the Act and 140:10-3-1 through 140:10-
3-4; or
(B) by relocation of practice pursuant to § 161.9 of the Act and 140:10-3-5.
"Party" means a person or agency named and participating or properly seeking and entitled by law to
participate in an individual proceeding.
28
"Penalty" means one or more of the penalties specified in subsection A of §161.12 of the Act.
"Person" means any individual, association, governmental subdivision, or public or private
organization of any character other than an agency.
"Relocation of Practice" means the ability of an applicant to obtain Oklahoma Licensure on the
following conditions:
(A) The applicant is of good moral character;
(B) The requirements for licensure in the state, country, territory or province in which the
applicant is licensed are deemed by the Board to be equivalent to the requirements for
obtaining an original license by examination in this state at the date of such license;
(C) The applicant has no disciplinary matters pending against him or her in any state,
country, territory or province;
(D) The license being relocated was obtained by examination in the state, country, territory or
province wherein it was issued, or was obtained by examination of the National Board of
Chiropractic Examiners;
(E) The applicant passes any examination given by the Board; and
(F) The applicant meets all other requirements of the Oklahoma Chiropractic Practice Act.
"Renewal license" means a license issued by the Board on or before the first day of January of each
year to a licensee which authorizes the licensee to practice chiropractic in this state for the succeeding
calendar year.
"Revocation" means the recalling, annulling or rendering inoperative of an original license or renewal
license, or both, by the Board, after notice and an opportunity for a hearing in an individual proceeding.
"Summary suspension" means the temporary suspension of a license to practice chiropractic
medicine by the Board without notice or an opportunity for a hearing.
"Violation" means a violation of the Act or rules of the Board for which the Board is empowered to
take disciplinary action against a licensee.
140:3-1-3. Gender
As used in this Title, the masculine gender shall be deemed to include the feminine gender.
140:3-1-4. Statutory citations
Citations to statutes in the Chapter refer to the most recent codification of the statute.
SUBCHAPTER 3. FILING AND DISPOSITION OF COMPLAINTS
Section
140:3-3-1. Purpose
140:3-3-2. Procedures for complaints against chiropractic physicians
140:3-3-3. Letters of concern issued by the Board
140:3-3-4. Individual proceedings
140:3-3-5. Determination of penalties
140:3-3-6. Summary suspension of a license
140:3-3-7. Publication of penalties imposed against licensees
140:3-3-8. Board and Advisory Committee member not to communicate
140:3-3-1. Purpose
This Subchapter describes the procedures of the Board related to the filing, investigation and
disposition of complaints against chiropractic physicians.
140:3-3-2. Procedures for complaints against chiropractic physicians
(a) Any person may submit to the Board a complaint against a chiropractic physician. In the event a
complaint is initiated by a member of the Board or the Advisory Committee and such complaint involves
the member of the Board or the Advisory Committee to the extent that such member of the Board or
Advisory Committee cannot render an impartial decision in the matter, the member of the Board or
29
Advisory Committee shall recuse himself from further action, investigation or other matter related to said
complaint.
(b) The Board shall make available a form which may be used for the filing of complaints.
(c) Each complaint reviewed by the Board shall be investigated and a written report made to the Board as
set forth in subsections (e), (f),(g) and (h) of this section within twenty-four (24) months of receipt of the
complaint by the Advisory Committee. No member of the Board shall review any complaint or discuss any
complaint with any member of the Advisory Committee or any other person, including the complainant and
the chiropractic physician named in the complaint, except that the Board may review the written report of
the Advisory Committee as provided in (e), (f), and (g) of this section.
(1) No member of the Advisory Committee or the investigator may, in any way,
discuss any complaint or the details therein with any person without order from
the Board or a Court of competent jurisdiction. Discussion or disclosure of any
complaint or information therein by an Advisory Committee member or
investigator may result in that Advisory Committee member’s removal from the investigation
committee and other such sanctions as the Board deems appropriate.
(2) The amount of time for investigation of a complaint received by the Board by the
Advisory Committee may be a thirty-six (36) months period of time upon a showing of good
cause by either the complainant and /or the chiropractic physician named in the complaint.
(d) Upon receipt of the complaint, the Advisory Committee or investigator shall provide the chiropractic
physician named in the complaint with a notice of the complaint and shall require said chiropractic
physician to provide a written response to the complaint within twenty (20) days of mailing of a copy of the
notice to said chiropractic physician. The failure of a chiropractic physician to respond to such a request of
the Advisory Committee or investigator shall be grounds for disciplinary action by the Board. In addition,
the chiropractic physician named in the complaint shall not contact, attempt to contact or allow anyone else
to contact the person(s) who filed the complaint or whom the chiropractic physician named in the
complaint believes may have filed the complaint.
(e) It shall be the duty of the Advisory Committee or investigator to investigate the complaint fully and in a
manner consistent with due process requirements and the APA. At the conclusion of the investigation, the
Advisory Committee or investigator shall submit a written report to the Board detailing the findings and
determination if the Advisory Committee or investigator shall make a recommendation in its written report
as to further action by the Board. The Advisory Committee may assign a complaint to an individual
investigator employed by the Board on a part-time or full-time basis.
(f) The written report of the Advisory Committee or investigator shall be drafted so as
to keep anonymous the name of the Complainant and the chiropractic physician
named in the complaint. The report shall include a brief recitation of the facts of the complaint
and a statement whether the Advisory Committee or investigator found competent evidence to
support the allegations contained in the complaint.
(g) The Board shall review the report of the Advisory Committee or investigator at a
meeting of the Board, provided, however that the Board’s review of the report shall not be
conducted as a hearing and the Board shall not hear testimony or receive evidence. Upon
review of the report, the Board may:
(1) dismiss the complaint if the Board finds there is not reasonable cause to believe that there
was a violation of the Chiropractic Practice Act;
(2) issue a letter of concern, pursuant to 140:3-3-3, to the chiropractic physician named in the
complaint if the Board finds that there is reasonable cause to believe that said chiropractic
physician has committed a violation, but such violation, if proven, is not of such a nature as to
warrant the imposition of a penalty by the Board; or
(3) initiate an individual proceeding, pursuant to 140:3-3-4, against the chiropractic physician
named in the complaint if the Board finds that there is reasonable cause to believe that said
chiropractic physician has committed a violation and that such violation, if proven, is of such
a nature as to warrant the imposition of a penalty by the Board.
(h) In the event the Board votes to issue a letter of concern in regard to a complaint, it
shall thereupon be the duty of the Advisory Committee or investigator to provided the board sufficient
details as to the nature of the complaint so as to assist the Board to render a meaningful letter of concern.
30
140:3-3-3. Letter of concern issued by the Board
(a) A letter of concern issued by the Board shall:
(1) Contain a clear and concise description of the violation alleged to have been committed
by the chiropractic physician named therein;
(2) Contain a statement that the Board has found that there is reasonable cause to believe
that the chiropractic physician named in the complaint has committed a violation;
(3) Contain an explanation of the factors considered by the Board and the Advisory
Committee or investigator in the Board's decision to issue the letter of concern;
(4) Be signed by the President of the Board; and
(5) Be mailed certified mail, return receipt, to the chiropractic physician named in the
complaint and to the complainant.
(b) A copy of each letter of concern issued by the Board shall be placed in the complaint file. Letters
of concern shall be
considered confidential record but may be used as evidence in hearings conducted pursuant to the Act
and Rules provided the
letter is not made public during the course of the hearing and is sealed at the conclusion of the hearing.
140:3-3-4. Individual Proceedings
(a) All individual proceedings/hearings shall be open to the public and shall be conducted in
accordance with the Administrative Procedures Act of the Oklahoma Statutes.
(b) The President of the Board shall set a time and place for the hearing provided that :
(c) Notice of the hearing shall be given in writing by personal delivery to the person to be notified; or
by mailing, certified mail, returned receipt requested, the last known address furnished to the
Board; or notice may be given as is provided for process in the civil proceeding in the State of
Oklahoma and pursuant to the Administrative Procedures Act, Title 75 O.S. Section 301 as
amended.
(d) The notice shall include a concise statement of the allegations and particular sections of the
Oklahoma State Board of Chiropractic Examiners Rules and the Oklahoma Chiropractic Practice
Act which are involved.
(e) Each complainant and respondent called to a hearing before the Board shall be allowed to present
documentary evidence. The Board, or its designee, shall appear in person and shall present the
position of the Board in the Action.
(f) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally
recognized technical or scientific facts within the specialized knowledge of the one or more
members of the Board.
(g) Hearing will be conducted by one of the following methods as determined by the Board;
(1) By the Board;
(2) By any member of the Board or a designee of the Board acting as a hearing examiner or
administrative law judge, or
(3) By an attorney licensed to practice law in this state appointed by the Board to act as a
hearing examiner or admisitrative law judge.
(h) Any hearing before the Board or its designee shall be recorded. The portion to the hearing
constituting deliberations in executive session need not be recorded. A written transcript or a copy
of the tape recording shall be made available to any person alleged to have committed a violation
of the Act or Rules upon written request and payment of appropriate reimbursement cost for
reproduction.
(i) The Board or its designee shall rule upon the questions of admissibility of evidence, competency
of witnesses, and any other questions of law upon which they have jurisdiction as provided in the
State Board of Chiropractic Examiners Rules, the Oklahoma Chiropractic Act or Other applicable
law.
(j) All orders, whether proposed or final, shall be issued within sixty (60) calendar days of the
hearing. Final orders shall state their effective date.
(k) The board shall consider past disciplinary action taken against any accused found guilty in any
present proceeding. Such past conduct shall not be evidence of guilty in the present proceeding
but will be considered only in determining appropriate sanctions to be imposed by the Board in the
present proceeding.
31
(l) Unless precluded by law, the accused physician may waive any right granted in the law and
proceed by stipulation, agreed settlement, consent order, or default. No provision in this section
shall be construed as abeyance, any formal proceeding pending the outcome of informal
negotiation or informally agreed upon terms.
(m) The investigative files of the Advisory Committee and the Board shall be confidential as set forth
in Title 51 O.S. Section 24A.12.
(n) Any individual who has filed a complaint shall be notified of the disposition of the matter.
(o) From time to time, the Board may employ lawyers licensed to practice law in Oklahoma to serve
as special prosecutors in individual proceedings before the Board.
(1) Any individual serving as special prosecutor shall not serve as legal counsel to the Board
in the same individual proceeding.
(2) The special prosecutor may perform such other duties as are assigned by the Board.
140:3-3-5. Determination of Penalties
Whenever the Board finds a chiropractic physician guilty of a violation in an individual proceeding,
the Board may consider the following factors in its determination of penalty to be imposed against said
chiropractic physician:
(1) Consequences to the public. If potential or actual damage to the health, safety or welfare of
the general public is more likely than not to occur as a result of acts or omissions by the
licensee, the Board may impose a more severe punishment than if such damage is less likely
to occur.
(2) Consequences to the patient. If potential or actual damage to the health, safety, or welfare
of the patient on whose behalf the complaint is brought is more likely than not to occur as a
result of acts or omissions by the licensee, the Board may impose a more severe punishment
than if such damage is less likely to occur.
(3) Intent. If it is evident from the facts presented that the violation may be deemed by the Board
to be intentional on the part of the licensee if the violation:
(A) Occurred as the result of negligence on the part of the licensee; or
(B) Was part of a pattern of extreme or ongoing carelessness as to be without regard for
the health, safety or welfare of the general public or a patient; or
(C) Violated the principles of the Chiropractic Code of Ethics.
(4) Negligence. If the violation committed by the licensee resulted from negligence on the part
of licensee, but was not so gross, or was not the result of such carelessness, as to meet the test
of three (3) of the this subsection, the Board may impose a less severe punishment than would
be the case if the negligence met such a test.
140:3-3-6. Summary suspension of a license
If the Board, upon review of the report of the Advisory Committee, finds that the public health, safety
or welfare imperatively requires emergency action, and incorporates a finding to the effect in its order,
summary suspension of an original license or renewal, or both, may be ordered by the Board pending
initiation of an individual proceeding. In such an event, the individual proceeding against the affected
license shall be initiated within thirty (30) days after the date of the issuance of the summary suspension
order.
140:3-3-7. Publication of penalties imposed against licensees.
From time to time, but at least annually, the Board shall cause to the published a report of all penalties
imposed against licensees. Such a report may be in summary form but shall contain sufficient detail to
inform a reader, not otherwise familiar with a complaint, of the violation committed by a licensee and the
penalty imposed against said licensee by order of the Board. Copies of such reports shall be maintained at
the office of the Board and shall be available for public inspection, copying and /or mechanical
reproduction during regular business hours.
140:3-3-8. Board and Advisory Committee member and/or investigator not to communicate
(a) The Board recognizes and asserts the necessity for all hearings and dispositive action by the Board
to be conducted fairly and impartially.
32
(b) The member of the Board shall not, unless required for the proper disposition of ex-parte matters
authorized by law, communicate directly or indirectly in connection with any person or party, or in
connection with any issue of law with any person, party or his representative of a party, except
upon notice and opportunity for all parties to participate. Members of the Board may continue to
communicate with other members of the Board only during meetings or otherwise in compliance
with the Oklahoma Open Meetings Act and may have the aid and advice of the Board’s counsel.
(c) Board members shall not communicate with any non-party or the Advisory Committee in regard
to any active case, hearing or other matter before the Board, except the Board may receive the
report of the Advisory Committee during a meeting of the Board following the investigation by
the Advisory Committee.
CHAPTER 10. LICENSURE OF CHIROPRACTIC PHYSICIANS
Subchapter Section
1. General Provisions ................................................................................................................................... 140:10-1-1
3. Application, Examination and Licensing .................................................................................................. 140:10-3-1
5. Procedures for Renewal Licenses.............................................................................................................. 140:10-5-1
7. Preceptorship [REVOKED]....................................................................................................................... 140:10-7-1
[Authority: 59 O.S., § 161.6]
140:10-1-1. Purpose
The purpose of this Chapter is to describe:
(1) the requirements and procedure for obtaining an original license, by examination or reciprocity, to
practice chiropractic medicine in this state; and
(2) the requirements and procedures for obtaining a renewal license.
(A) The requirements for licensure in the state, country, territory or province in
which the applicant is licensed are deemed by the Board to be equivalent to the
requirements for obtaining an original license by examination in this state, at
the date of such license;
(B) The applicant has no disciplinary matters pending against him or her in any
state, country, territory or province.
(C)The license held prior to relocation of practice was obtained by examination in the state,
country, territory or province
wherein it was issued, or was obtained by examination of the National Board of Chiropractic
Examiners;
(D) The applicant passes any examination offered by the Board according to 140:10-3-1; and
(E) The applicant meets all other requirements of the Oklahoma Chiropractic Practice Act.
140:10-1-2. Definitions
The following words and terms, when used in this Chapter, shall have the following meaning,
unless the context clearly indicates otherwise. In addition, the use of the masculine gender shall be
deemed inclusive in this chapter to include the feminine gender.
"Accredited chiropractic college" means a chiropractic educational institution which is
accredited by the Commission on Accreditation of the Council on Chiropractic Education, a national,
independent accreditation body recognized and approved by the U.S. Department of Education.
"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.
"Advisory Committee" means the committee appointed by the Board to advise and assist the
Board in the investigation of the qualifications for licensure, complaints as to the conduct of
chiropractic physicians, and for such other matters as the Board delegates to them.
"Board" means the Board of Chiropractic Examiners.
"Chiropractic" means the science and art that teaches health in anatomic relation and disease or
abnormality in anatomic disrelation, and includes hygienic, sanitary and therapeutic measures incident
thereto.
"Chiropractic physician" or "licensee" means a person who holds an original license to practice
chiropractic in this state.
33
"Continuing education requirements" means attendance by a licensee at a minimum of sixteen
(16) hours of Chiropractic education seminars as required for a renewal license.
(A) Twelve (12) hours of the sixteen required by law must be clinical in
nature, and the other remaining four (4) may consist of practice management,
philosophy, and or other non-clinical topics.
(B) Eight (8) hours of continuing education may be acquired out of state with
first having obtained a pre-approval from the Board of Chiropractic Examiners.
Eight (8) hours of continuing education can be obtained by attending a national
chiropractic association meeting and/or the Federation of Chiropractic
Licensing Boards Annual or Federation of Chiropractic Licensing Boards'
District meetings attended by any licensee.
(C) Eight (8) hours of mandatory in state continuing education shall be
acquired by attending continuing education offered by a registered, domestic
Oklahoma association whose seminar has been approved by the Board of
Chiropractic Examiners.
"Examination" means the process used by the Board, prior to the issuance of any original
license, to test the qualifications and knowledge of an applicant on any or all of the following: current
statutes, rules, or any of those subjects listed in Section 161.8 of the Act.
"Individual proceeding" means the formal process employed by the Board to provide a hearing
for a licensee of the Board accused of a violation of the Act and in which the Board may take action
against such person’s original license to practice chiropractic in this state.
"License renewal program" means a continuing education program which:
(A) is sponsored or administered by an association for the purpose of
providing licensees an opportunity to satisfy continuing education requirements;
and
(B) has been approved by the Board.
"Licensure" means the Board’s process with respect to the grant, denial, renewal, revocation, or
suspension of an original or renewal license.
"Original license" means a license which grants initial authorization to practice chiropractic in
this state issued by the Board to an applicant found by the Board to meet the requirements for licensure
of the Act:
(A) by examination pursuant to § 161.7 and 161.8 of the Act and 140:10-3-1
through140:10-3-4; or
(B) by relocation of practice pursuant to § 161.9 of the Act and140:10-3-5.
"Relocation of practice" means the ability of an applicant to obtain Oklahoma who
meets the following conditions:
(A) The applicant is of good moral character;
(B) The requirements for licensure in the state, country, territory or province in
which the applicant is licensed are deemed by the Board to be equivalent to the
requirements for obtaining an original license by examination in this state at the
date of such license;
(C) The applicant has no disciplinary matters pending against him or her in any
state, country, territory or province;
(D) The license held prior to relocation of practice was obtained by
examination in the state, country, territory or province wherein it was issued, or
was obtained by examination of the National Board of Chiropractic Examiners;
(E) The applicant passes any examination offered by the Board according to
140:10-3-1; and
(F) The applicant meets all other requirements of the Oklahoma Chiropractic
Practice Act.
"Renewal license" means a license issued by the Board on or before the first day of July January
of each year to a licensee which authorizes the licensee to practice chiropractic in this state for the
succeeding calendar year.
"Revocation" means the recalling, annulling or rendering inoperative of an original license or
renewal license, or both, by the Board, after notice and an opportunity for a hearing in an individual
proceeding.
34
140:10-1-3. Gender
As used in this Title, the masculine gender shall be deemed to include the feminine gender.
140:10-1-4. Statutory citations
Citations to statutes in this Chapter refer to the most recent codification of the statute.
SUBCHAPTER 3. APPLICATION, EXAMINATION AND LICENSING
Section
140:10-3-1. Application for an original license by examination
140:10-3-2. Review of application
140:10-3-3. Examination Fee
140:10-3-4. Content and conduct of examination; grading
140:10-3-5. Application for an original license by reciprocity
140:10-3-6. Additional educational requirements; re-examination
140:10-3-7. Recording of licenses [REVOKED]
140:10-3-8. Displaying licenses [REVOKED]
140:10-3-9. Injectable certification [REVOKED]
SUBCHAPTER 3. APPLICATION, EXAMINATION AND LICENSING
140:10-3-1. Application for an original license by examination
(a) An application to the Board for an original license to practice chiropractic shall be made on forms
created and approved by the Board and shall be signed and verified under oath by the applicant. The
application shall include:
(1) A passport photo
(2) the affidavits of two (2) chiropractic physicians who are not related to or under financial
obligation to the applicant and which state that the applicant is of good moral character;
(3) a copy of the applicant’s high school diploma or transcripts, certified as being a
true and correct copy
(4) a copy of the applicant’s pre-chiropractic college or university transcript or
transcripts, certified:
i. by an official of the issuing college or university as being true and correct; and
ii. by an official of the University of Oklahoma as containing at least ninety (90)
hours of college credit accepted by the University of Oklahoma;
(5) a copy of the applicant’s diploma from an accredited chiropractic college,
certified by an official of the issuing college as being true and correct, except as
provided in (b) of this Section;
(6) A money order, certified check or cashier’s check payable to the Board in the
amount of One Hundred Seventy-Five Fifty Dollars ($175.00) ($150.00) as payment
of the application fee. Such fee is not refundable under any circumstances.
(b) A senior student at an accredited chiropractic college may, prior to graduation, make
application for an original license by examination. In such event, the application shall be
accompanied by a statement on a form approved by the Board containing certification by an
official of such college that the applicant is a senior at the college and is expected to
graduate with in one (1) year from the date of the certificate. An original license shall not,
however, be issued to such an applicant until the applicant has submitted to the Board a copy
of the applicant’s diploma from said accredited chiropractic college, certified as true and
correct.
(c) Applicants shall submit documentary evidence of completion of Parts I, II, III, IV and
physiotherapy as administered by the National Board of Chiropractic Examiners with a passing score.
(d) An application and all accompanying documents must be completed and received by the
Board no later than thirty (30) days prior to the date of the next scheduled examination in
order to be eligible to take the examination.
(e) A fee of One Hundred Seventy-Five Fifty Dollars ($175.00) ($150.00) as payment for
35
the examination if approved by the Board of Chiropractic examiners. Such fee is not
refundable under any circumstances.
140:10-3-2. Review of application
(a) Prior to each scheduled examination, the Executive Director shall report to the Board the
number of completed applications received by the Board. Board members shall review each
application for an original license by examination, determine if the applicant has satisfied all
requirements of the Act and of this Title, and approve or disapprove each application.
(b) If an application is approved by the Board, the applicant shall be notified by the Executive
Director of such approval and the time, date, and place of the next scheduled examination.
(c) If an application is disapproved by the Board, the applicant shall be notified by the Executive
Director of the Board of such disapproval by the return of the application to him together with
the reason therefore fully stated in writing.
(d) A fraudulent or false statement as to any material fact which is contained in any application
for an original license, or the failure to provide any requested information, shall constitute
sufficient cause for the disapproval of the application.
140:10-3-3. Examination Fee
Each application for an original license shall be accompanied by a non-refundable examination fee of
One Hundred Seventy-Five Fifty Dollars ($175.00) ($150.00), made payable to the Board, which payment
shall be by money order, certified check or cashier’s check, and which shall be submitted with the
application.
140:10-3-4. Content and conduct of examination; grading
(a) The Board of Chiropractic Examiners may administer an examination that shall
include those technical, professional, and practical subjects that relate to the practice
of chiropractic including, but not limited to; chiropractic principals, anatomy,
histology, physiology, symptomatology, orthopedia, chemistry, spinography,
diagnosis, sanitation and hygiene, pathology, public health service; and adjustology
(b) The Board may also examine each applicant in the art of chiropractic adjusting, x-ray,
diagnostic laboratory procedures, physiological therapeutics and other subjects taught
at an accredited chiropractic college
(c) The Board of Chiropractic Examiners may also administer the jurisprudence
assessment examination to an applicant.
(d) A score of seventy-five percent (75%) or better is required to pass any examination
administered by the Board.
140:10-3-5. Application for an original license by relocation of practice.
(a) An application to the Board for an original license by relocation of practice to practice chiropractic in
this state shall be made on a form created and approved by the Board and the applicant may also be
required to appear before the board for a personal interview, and shall be assessed a jurisprudence
examination
(b) The Board may, in its discretion, refuse to grant an original license by relocation of practice to any
applicant and may require the applicant to take the oral examination required by the Act.
(c) The application shall be signed and verified under oath by the applicant. The application shall include:
(1) A passport photo attached to the appropriate page of the application.
(2) the affidavits of two (2) chiropractic physicians who are not related to or under
financial obligation to the applicant and which state that the applicant is of good
moral character;
(3) a copy of the applicant’s high school final transcripts or equivalent certified as
being a true and correct copy;
(4) a copy of the applicant’s pre-chiropractic college or university transcript or
transcripts, certified:
(A) by an official of the issuing college or university as being true and
correct; and
(B) by an official of the University of Oklahoma as containing at least
36
ninety (90) hours of college credit accepted by the University
of Oklahoma;
(5) a copy of the applicant’s diploma from an accredited chiropractic college,
certified by an official of the issuing college as being true and correct;
(6) Submit documentary evidence to the board that the applicant has been in active
practice for five (5) years immediately preceding the date of application.
(7) a money order, certified check or cashier’s check payable to the Board, in the
amount of Three Hundred Fifty Dollars ($350.00) ($300.00), as payment of the application
fee. Such fee is not refundable under any circumstances.
(d) Except as is otherwise approved in writing by the Board, an application and all accompanying
documents must be completed as set forth in the Act and application.
(e) All documents accompanying an application for an original license by relocation of practice that are
written in any language other than English shall be translated, at the expense of the applicant, into the
English language and certified under seal of the proper consulate. The translation shall be submitted with
the application.
(f) All applicant’s must submit a certified copy of his/her birth certificate and/or naturalization papers if
they were born anywhere other than the United States.
(g) The review of each application for an original license by relocation of practice shall be conducted by
the Board, and notice of the approval or disapproval thereof shall be given by the Executive Director in the
same manner as for an application for an original license by examination.
(h) A fraudulent or false statement as to any material fact, which is contained in any application for an
original license by relocation of practice, or the failure to provide any requested information, shall
constitute sufficient cause for the disapproval of the application.
140:10-3-6. Additional educational requirements; re-examination
(a) The Board shall not issue an original license, by examination or
relocation of practice to an applicant until the applicant has completed all
requirements of the Act and of this Title.
(b) If an applicant fails any part of any examination conducted or accepted by the Board three (3)
times, the Board may, at its
discretion, require proof of additional education or training in those subjects
failed by the applicant before the applicant is allowed to be re-examined.
(c) An applicant who fails any part of any examination conducted or accepted by the Board may
be required to retake all
portions of the examination or only those parts which the applicant failed, at the
discretion of the Board.
(d) No later than one (1) year after receiving a license to practice in Oklahoma,
chiropractic physicians shall complete an orientation course of training approved
by the Board. The orientation course hours shall count as continuing education
credits for the year in which they were earned The course shall consist of no less
than eight (8) hours of sexual boundaries, AIDS, and HIPPA compliance, and no
less than eight (8) hours of office management procedures and new doctor
orientation.
140:10-3-7. Recording of licenses [REVOKED]
140:10-3-8. Displaying licenses [REVOKED]
140:10-3-9. Indictable certification [REVOKED]
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SUBCHAPTER 5. PROCEDURES FOR RENEWAL LICENSES
Section
140:10-5-1. Renewal license; requirements
140:10-5-2. License renewal program approval
140:10-5-3. Revocation or suspension of license; reinstatement
140:10-5-4. Renewal license for senior inactive licensees
140:10-5-5. Renewal license for nonresident licensees
SUBCHAPTER 5. PROCEDURES FOR RENEWAL LICENSES
140:10-5-1. Renewal license; requirements
(a) Except as provided in 140:10-5-4, related to senior inactive licenses, and 140:10-5-5,
related to nonresident licenses, each licensee holding an original license to practice
chiropractic in this state shall pay to the Board, on or before the first day of July January of
each year hereinafter, an annual renewal fee of Two Hundred Twenty-Five Dollars
($225.00), which shall be accompanied by;
(1) Evidence that the licensee has satisfied Board approved chiropractic continuing
education requirements; or
(2) A statement on a form created and approved by the Board, containing:
(A) An affidavit from the licensee which states:
(i) the licensee was unavoidably prevented from satisfying the
continuing education requirements;
(ii) the reason or reasons therefore; and
(iii) that the licensee is not attempting to circumvent or abrogate the
intent of such continuing education requirements; and
(B) the affidavits of two (2) licensed chiropractic physicians who personally
know the licensee, vouch for the licensee’s good standing in the chiropractic
profession, and recommend that the licensee be issued a renewal license.
(b) The Board shall, upon receipt of the renewal license fee, and upon determination of
compliance with the requirements of subsection A of Section 161.11 of the Act,
issue a Chiropractic renewal license, which shall entitle the holder to practice
chiropractic in this state during the succeeding calendar year.
(c) Attendance by a licensee at a license renewal program shall be certified by an officer
of the sponsoring or administering association, which officer shall have been previously
approved by the Board for the purpose of providing such certification. The list of
attendees from the continuing education seminar, shall be submitted no later than forty-five
(45) days after the approved continuing education seminar. The list shall be
submitted by the certified officer of the association, and sent to the Board after all
signatures and/or time cards have been verified by the individual certified to report to the
Board of Chiropractic Examiners on all seminar attendees. If there are any missing
signatures and/or any other missing documentation the licensee will not be able to renew
his/her license for the renewal year.
(d) Individuals who take the allowable eight (8) hours of an approved out of
state educational seminar shall be responsible for obtaining proof of attendance. The
doctor shall submit proof of attendance with renewal application.
(e) The Board of Chiropractic Examiners hereby recognizes the requirements adopted
from time to time by the Federation of Chiropractic Licensing Boards Providers of
Approved Continuing Education (FCLB PACE) as the requirements of the Board.
The Board recognizes FCLB PACE Recognized Providers as satisfying the
requirements of the Board for purposes of the licensure renewal process. The
Board, however, reserves the approval authority for all programs based on
furtherance of professional development and related areas, and in the interest of
the public protection.
38
140:10-5-2. License renewal program approval
(a) Approval of programs to be offered to satisfy license renewal provisions of the
Subchapter is vested solely in the Board. No program shall be offered, advertised or
marketed for the purpose of license renewal prior to being approved by the Board.
(b) It shall be the duty of the Board to review and consider for approval, during a meeting
of the Board, every application from a chiropractic association or institution which desires to present a
continuing chiropractic education program required for license renewal.
(c) The Board shall maintain a list of all chiropractic associations or institution that notify
the Board of an intent to present a continuing chiropractic education program for license renewal. It shall
be the duty of each association to inform the Board of any change of address or name.
(d) A chiropractic association or institution may submit applications to present continuing chiropractic
program for license renewal. All applications to present continuing chiropractic program must be
submitted at least ninety (90) calendar days prior to said education programs being presented. Each
application must contain the qualifications of the applicant, association or entity seeking to sponsor the
program, the state of domicile, the classification of the applicant as "profit" or "nonprofit", and the
educational experience of the instructors conducting the program.
(e) The board shall create and approve a form to be used by a chiropractic association or
institution to apply for approval to present a continuing chiropractic education program. In order to be
considered for approval, such form shall be completed by an association. An association shall submit a
separate application for each program it wishes to present.
(f) The board in its discretion, may refer the application to the Advisory Committee or the
Executive Director for review and/or information gathering.
(g) No later than thirty (30) days after submission of the application the Board shall either approve or
reject the application.
(h) During the meeting provided for in paragraph (b) of this Section, each
association shall be given the opportunity to make an oral presentation of no more than
fifteen (15) minutes for each application to provide the Board with any additional relevant
information for such program. The board may request additional information regarding
the application.
(i) The board shall consider, among other relevant factors, the content of the program and the cost by for a
chiropractic physician to attend the program. The Board shall not approve programs which do not present a
program of a chiropractic nature; provided no program shall be approved which is used primarily as a sales
promotion for the association which presents the program or any speaker who presents any part of a
program or at which products or services related to the programs are offered for sale.
(j) At the conclusion of all presentations and during the same meeting, the board
shall announce individually the approval or denial of the application to present a
continuing chiropractic program. The Board shall state the specific reason or
reasons for the denial of any application.
(k) All programs approved by the Board shall be open to all persons.
140:10-5-3. Revocation or suspension of license; reinstatement
In the event that a licensee fails to obtain a renewal license on or before the first day of July of each year,
the original license of such licensee shall be subject to revocation or suspension, upon order of the Board.
The Board may reinstate the original license of such person upon the payment of all fees due, plus a penalty
fee in the amount of One Hundred Dollars ($100.00), and upon presentation to the Board of satisfactory
evidence of compliance with the continuing education requirements.
140:10-5-4. Renewal license for retired licensees
(a) Any licensee who is sixty-five (65) years of age or older and is not actively engaged in the practice
of chiropractic medicine in this state may pay to the Board a reduced renewal license fee of Fifty
Dollars ($50.00). Such a licensee shall satisfy all other requirements of 140:10-5-1 and subsection
A of Section 161.11 of the Act.
(b) A licensee seeking a renewal license under the provisions of this Section shall attach to the
renewal form a statement on a form created and approved by the Board stating:
(1) that the applicant is sixty-five (65) years of age or older;
(2) that the applicant is not actively engaged in the practice of chiropractic in this state; and
39
(3) that the applicant will not engage in the practice of chiropractic in this state during the
succeeding calendar year.
(4) The Board shall, upon receipt of the reduced renewal license fee and upon determination
that the licensee has pressed satisfactory evidence of compliance with the requirements of
subsection A of Section 161.11 of the Act issue a renewal license to said licensee. The
renewal license shall have the words RETIRED LICENSE – NOT VALID FOR ACTIVE
PRACTICE” stamped on the face thereof and shall not entitle such senior inactive
licensee to practice chiropractic in this state during the succeeding calendar year.
140:10-5-5. Renewal license for inactive non-resident licensees
(a) Any licensee who is a nonresident of this state and is not actively engaged in the practice of chiropractic
in this state may pay to the Board a reduced renewal license fee of One Hundred Seventy-five Dollars
($175.00). Such a licensee need not satisfy the other requirements of 140:10-1 and subsection A of Section
161.11 of the Act.
(b) A licensee seeking a renewal license under the provisions of this Section shall attach to the renewal
form a statement on a form created and approved by the Board containing:
(1) an affidavit by the inactive licensee of this state:
(A) that the applicant is not actively engaged in the practice of
chiropractic in this state; and
(B) that the applicant will not engage in the practice of chiropractic
in this state during the succeeding calendar year; and
(2) certification that said licensee has satisfied the licensee renewal
requirements in the state, country, territory or providence in which the
licensee is currently engaged in the practice of chiropractic.
140:10-5-6. Renewal license for inactive resident licensees
(a) Any licensee who is a resident of this state and is not actively engaged in the practice of chiropractic in
this state may pay to the Board a reduced renewal license fee of One Hundred Dollars ($100.00). Such a
licensee need not satisfy the other requirements of 140:10-1 and subsection A of Section 161.11 of the Act.
(b) A licensee seeking a renewal license under the provisions of this Section shall attach to the renewal
form a statement on a form created and approved by the Board containing:
(1) an affidavit by the inactive resident licensee of this state:
(A) that the applicant is not actively engaged in the practice of
chiropractic in this state due to illness, infirmity, active military service
or other circumstances as approved by the Board;
(B ) that the applicant will not engage in the practice of chiropractic
in this state during the succeeding calendar year.
(2) the licensee will also be exempt from continuing education during the
calendar years in which they apply and are approved for an inactive
resident license.
SUBCHAPTER 7. PRECEPTORSHIP [REVOKED]
Section
140:10-7-1. Definition [REVOKED]
140:10-7-2. Practicum planning and participation [REVOKED]
140:10-7-3. Preceptor qualifications for participation [REVOKED]
140:10-7-4. Preceptor responsibilities [REVOKED]
140:10-7-5. Intern responsibilities [REVOKED]
140:10-7-6. College responsibilities [REVOKED]
140:10-7-1. Definition [REVOKED]
140:10-7-2. Practicum planning and participation [REVOKED]
140:10-7-3. Preceptor qualifications for participation [REVOKED]
40
140:10-7-4. Preceptor responsibilities [REVOKED]
140:10-7-5. Intern responsibilities [REVOKED]
140:10-7-6. College responsibilities [REVOKED]
SUBCHAPTER 8. ADMINISTRATIVE FEES
140:10-8-1. Fees
Fee Schedule.
(1) Examination. The following fees shall be assessed for licensure and
examinationof Chiropractors:
(A) Original license: $175.00 $150.00
(B) Relocation of Practice: $175.00 $150.00
(C) Examination Fee: $175.00 $150.00
(2) Licensure. The following fees shall be assessed for licensure of Chiropractors:
(A) Renewal fee active license $225.00
(B) Renewal fee inactive license $175.00
(C) Retired license fee $50.00
(D) Reinstatement fee not exceed $400.00
(E) Penalty fee for late renewal $150.00
(3) Duplication or modification of license. A fee of $75.00 shall be
assessed for duplication or modification of original license.
(4) Miscellaneous fees: the following fees shall be assessed by the Board
(A) Letter of good standing and/or verifications for other licensing
Boards with seal: $35.00
(B) Verification of licensure: $10.00 per license
(C) Duplication of proof of license renewal: $10.00
(D) Duplication of Public Records: per page: $0.25
(E) Returned check processing fee: $20.00
(F) Duplication of certificates issued by the Board: $20.00
(G) Directory $35.00 hard copy and/or diskette
(H) Search fee for records requested for commercial purposes: $30.00
(I) Continuing education application fee: $200.00 $300.00
(J) Post Doctoral Diplomate Chiropractic Specialties registration/re-registration
fee: $50.00
(K) Copy of tape of a board meeting and or an administrative hearing
$20.00
(L) Labels of addresses of all licensed chiropractors $50.00
(M) Travel-to-Treat registration $25.00
(N) Non-attendance application request $50.00
CHAPTER 15. SPECIAL CERTIFICATES AND MISCELLANEOUS PROVISIONS
Section
140:15-1-1. Purpose
140:15-1-2. Definitions
140:15-1-3. Gender
140:15-1-4. Statutory citations
41
SUBCHAPTER 1. GENERAL PROVISIONS
140:15-1-1. Purpose
The purpose of this Chapter is to:
(1) Establish a certification system and standards for the education and training of
chiropractic physicians who desire to administer injectable vitamins, minerals or
nutritional supplements; and
(2) Establish various requirements and prohibitions related to the practice of
chiropractic found by the Board to be in the best interest of the health, safety and welfare of the
public.
140:15-1-2. Definitions
The following words and terms, when used in this Chapter, shall have the following meaning, unless
the context plainly indicates otherwise:
"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.
" the Acupuncture and/or Meridian Therapy" means a healthcare method used to prevent,
diagnose and treat disease by restoring the body’s balance and harmony consisting of the stimulation of
various points on or within human body or interruption of the cutaneous integrity by specific needle
insertion or other form of point stimulation.
"Board" means the Board of Chiropractic Examiners.
"Certificate" means a document given to a chiropractic physician by an institution, specialty council,
specialty board, or Board, verifying the chiropractic physician has fulfilled the educational requirements set
forth by the institution, specialty council, specialty board, or Board granting the certificate.
"Certification" means a process by which an institution, specialty council, specialty board, institution,
or Board evaluates and acknowledges a chiropractic physician's successful completion of a pre-established
set of requirements or criteria.
"Chiropractic physician" or "licensee" means a person who holds an original license to practice
chiropractic in this state.
"Diplomate Specialty" means a postgraduate diplomate degree or certificate granted to a chiropractic
physician.
"Homeopathy" means a healthcare method used to prevent, diagnose and treat disease by
homeopathic methods such as homeopathic medicines, agents, remedies and articles.
"Institution" means a school of higher education or its affiliate, regulated by a state department of
education or state department of health occupation or state commission on higher education or a school
accredited by an agency recognized by the United States Department of Education or the Council of Higher
Education Accreditation.
"Naturopathy" means a healthcare method used to prevent, diagnose and treat disease by
naturopathic methods of natural therapeutic modalities that include but are not limited to naturopathic
medicines, agents, remedies and articles.
"Non-Diplomate Specialty" means a certificate that is not specifically identified as being a Diplomate
that is granted to a chiropractic physician by an institution, specialty council, or specialty board.
"Registry" means a structured record of registration information regarding all chiropractic physicians
holding themselves out as having a specialty certificate.
"Specialty Board" means a professional, independent entity that provides for competency testing of
didactic and clinical skills of applicants and granting of certifications in post-doctoral chiropractic specialty
areas upon completing an approved post-doctoral curriculum.
"Specialty Certificate" means a document granted to a chiropractic physician by a specialty council,
specialty board, or institution signifying the chiropractic physician has obtained Diplomate specialty status
or a non-diplomate specialty certification that is granted by an institution.
"Specialty Council" means an approved council by the International Chiropractic Association or the
American Chiropractic Association, or its equivalent as approved by the Board.
42
140:15-1-3. Gender
As used in this Chapter, the masculine gender shall be deemed to include the feminine gender.
140:15-1-4. Statutory citations
Citations to statutes in this Chapter refer to the most recent codification of the statute.
SUBCHAPTER 3. CERTIFICATES FOR CHIROPRACTIC CLAIMS CONSULTANTS
Section
140:15-3-1. Certain acts prohibited; exceptions [REVOKED]
140:15-3-2. Registration with the Board; certificate [REVOKED]
Section
140:15-5-1. Authorization from the Board
140:15-5-2. Application for certificate; educational requirements
140:15-5-2. Education and training
SUBCHAPTER 5. AUTHORIZATION FOR INJECTABLES
140:15-5-1. Authorization from the Board
No chiropractic physician shall administer or cause to be used any injectable vitamins, minerals or
nutritional supplements unless said chiropractic physician is authorized by the Board pronouncing that said
chiropractic physician is proficient in the administration and use of such injectables. The Board shall
establish an examination to be used by the Board to determine the proficiency of any chiropractic physician
who seeks authorization from the Board. However any authorization issued before January 1, 1994, shall
not require examination. The Board shall maintain a registry listing all chiropractic physicians who are
authorized by the Board.
140:15-5-2. Application for authorization; educational requirements
Any chiropractic physician who desires to administer vitamins, minerals or nutritional supplements by
means of injectable procedures shall make applicati

1
OKLAHOMA BOARD OF CHIROPRACTIC EXAMINERS
201 NE 38TH TERRACE, SUITE 3
OKLAHOMA CITY, OKLAHOMA 73105
(405) 524-OBCE (6223) Office (405) 524-9542 Fax
CHIROPRACTIC PRACTICE ACT
UNOFFICIAL COPY
TABLE OF CONTENTS
PART I
Text of Title 59, Section 161.1 The Oklahoma Chiropractic Practice Act
(LAST REVISION 11/1/2011)
PART II
Text of The Oklahoma Board of Chiropractic Examiners Rules, OAC
140
(LAST REVISION 06/25/2011)
2
Board of Chiropractic Examiners 59 § 161.1
Section 161.1 - Oklahoma Chiropractic Practice Act.
Sections 161.1 through 161.20 of Title 59 of the Oklahoma Statutes shall be known and may be cited as the
"Oklahoma Chiropractic Practice Act".
Section 161.2 - Chiropractic Defined - Scope of Practice.
A. Chiropractic is the science and art that teaches health in anatomic relation and disease or
abnormality in anatomic disrelation, and includes hygienic, sanitary and therapeutic measures
incident thereto in humans. The scope of practice of chiropractic shall include those diagnostic
and treatment services and procedures which have been taught by an accredited chiropractic
college and have been approved by the Board of Chiropractic Examiners.
B. A chiropractic physician may engage in the practice of animal chiropractic diagnosis and
treatment if certified to do so by the Board. A licensed chiropractic physician may provide
chiropractic treatment to an animal without being certified in animal chiropractic diagnosis and
treatment by the Board if an animal has been referred to the chiropractic physician by a licensed
veterinarian.
Section 161.3 - Terms Defined.
As used in the Oklahoma Chiropractic Practice Act, these words, phrases or terms, unless the
context otherwise indicates, shall have the following meanings:
1. "Accredited chiropractic college" means a chiropractic educational institution which is
accredited by the Commission on Accreditation of the Council on Chiropractic Education, a
national, independent accreditation body recognized and approved by the U.S. Department of
Education, or its successor;
2. "Animal chiropractic diagnosis and treatment" means treatment that includes vertebral
subluxation complex (vsc) and spinal manipulation of nonhuman vertebrates. The term "animal
chiropractic diagnosis and treatment" shall not be construed to allow the:
a. use of x-rays,
b. performing of surgery,
c. dispensing or administering of medications, or
d. performance of traditional veterinary care;
3. "Applicant" means any person submitting an application for licensure to the Board;
4. "Board" means the Board of Chiropractic Examiners;
3
5. "Certified chiropractic assistant" means an unlicensed member of a chiropractic physician's
team of healthcare workers who may assist a chiropractic physician in the performance of
examination and therapeutic procedures and techniques necessary to deliver healthcare services
to patients within the scope of chiropractic; Effective 11/1/2011
6. "Chiropractic physician", "chiropractor", "doctor of chiropractic", "practitioner of chiropractic"
and "licensee" are synonymous and mean a person holding an original license to practice
chiropractic in this state;
7. "Examination" means the process used by the Board, prior to the issuance of an original
license, to test the qualifications and knowledge of an applicant on any or all of the following:
current statutes, rules or any of those subjects listed in Section 161.8 of this title;
8. "Intern" means a student at an accredited chiropractic college who is participating in the
Chiropractic Undergraduate Preceptorship Program;
9. "Nonclinical" means of a business nature including, but not limited to, practice management,
insurance information, and computer information. It shall also mean the discussion of philosophy
as it relates to the performance of chiropractic; Effective 11/1/2011
10. "Original license" means a license granting initial authorization to practice chiropractic in this
state issued by the Board to an applicant found by the Board to meet the licensing requirements
of the Oklahoma Chiropractic Practice Act, by examination pursuant to Section 161.7 of this title,
or by reciprocity pursuant to Section 161.9 of this title;
11. "Preceptor" means a chiropractic physician who is participating in the Chiropractic
Undergraduate Preceptorship Program;
12. "Relocation of practice" means the recognition and approval by the Board, prior to the
issuance of an original license, of the chiropractic licensing process in another state, country,
territory or province; and
13. "Renewal license" means a license issued to a chiropractic physician by the Board, on or
before the first day of January of each year, which authorizes such licensee to practice
chiropractic in this state during the succeeding calendar year.
Section 161.4 - Re-creation of Board of Chiropractic Examiners - Members - Terms - Duties
Grounds for Removal.
A. A Board of Chiropractic Examiners is hereby re-created to continue until July 1, 2012, in
accordance with the provisions of the Oklahoma Sunset Law. The Board shall regulate the
practice of chiropractic in this state in accordance with the provisions of the Oklahoma
Chiropractic Practice Act. The Board, appointed by the Governor, shall be composed of eight
chiropractic physicians and one lay member representing the public.
B. Each chiropractic physician member of the Board shall:
1. Be a legal resident of this state;
2. Have practiced chiropractic continuously in this state during the five (5) years immediately
preceding appointment to the Board;
3. Be free of pending disciplinary action or active investigation by the Board;
4
4. Be a person of recognized professional ability, integrity and good reputation; and
5. Be in active clinical chiropractic practice at least fifty percent (50%) of the time.
C. The lay member of the Board shall:
1. Be a legal resident of this state; and
2. Not be a registered or licensed practitioner of any of the healing arts or be related within the
third degree of consanguinity or affinity to any such person.
D. The Governor shall appoint members to the Board and for terms of years as follows:
1. Position 1: Upon expiration of the term of the board member whose term expires November 2,
2006, the Governor shall appoint a board member from District 1 for a term of four (4) years to
expire on November 1, 2010, and every four (4) years thereafter;
2. Position 2: Upon expiration of the term of the board member whose term expires November 1,
2005, the Governor shall appoint a board member from District 2 for a term of four (4) years to
expire on November 1, 2009, and every four (4) years thereafter;
3. Position 3: Upon expiration of the term of the board member whose term expires June 7, 2007,
the Governor shall appoint a board member from District 3 for a term of four (4) years to expire on
June 1, 2011, and every four (4) years thereafter;
4. Position 4: Upon expiration of the term of the board member whose term expires November 1,
2007, the Governor shall appoint a board member from District 4 for a term of four (4) years to
expire on November 1, 2011, and every four (4) years thereafter;
5. Position 5: Upon expiration of the term of the board member whose term expires June 7, 2008,
the Governor shall appoint a board member from District 5 for a term of four (4) years to expire on
June 1, 2012, and every four (4) years thereafter;
6. Position 6: On June 1, 2005, the Governor shall appoint a board member from District 6 for a
term of one (1) year to expire on June 1, 2006, and every four (4) years thereafter;
7. Position 7: On November 1, 2005, the Governor shall appoint a board member from District 7
for a term of three (3) years to expire on November 1, 2008, and every four (4) years thereafter;
8. Position 8: Upon expiration of the term of the board member whose term expires June 7, 2005,
the Governor shall appoint a board member from the state at large for a term of four (4) years to
expire on June 1, 2009, and every four (4) years thereafter; and
9. Position 9: The lay member of the Board shall serve a term coterminous with that of the
Governor.
E. For the purpose of the Oklahoma Chiropractic Practice Act, the state shall be divided into the
following districts:
1. District 1: Alfalfa, Beaver, Beckham, Caddo, Cimarron, Custer, Dewey, Ellis, Grant, Greer,
Garfield, Harmon, Harper, Jackson, Kiowa, Major, Noble, Roger Mills, Texas, Washita, Woods
and Woodward Counties;
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2. District 2: Tulsa County;
3. District 3: Kay, Logan, Lincoln, Osage, Pawnee, Payne and Pottawatomie Counties;
4. District 4: Carter, Comanche, Cotton, Garvin, Grady, Love, Murray, Jefferson, Stephens and
Tillman Counties;
5. District 5: Blaine, Canadian, Cleveland, Kingfisher, McClain and Oklahoma Counties;
6. District 6: Atoka, Bryan, Coal, Choctaw, Creek, Hughes, Johnston, Latimer, LeFlore, Marshall,
McCurtain, Okfuskee, Pittsburg, Pontotoc, Pushmataha and Seminole Counties; and
7. District 7: Adair, Cherokee, Craig, Delaware, Haskell, Mayes, McIntosh, Muskogee, Nowata,
Okmulgee, Ottawa, Rogers, Sequoyah, Wagoner and Washington Counties.
Members appointed after June 2002, shall serve no more than two (2) consecutive terms.
F. Each member shall hold office until the expiration of the term of office for which appointed or
until a qualified successor has been duly appointed. An appointment shall be made by the
Governor within ninety (90) days after the expiration of the term of any member, or the
occurrence of a vacancy on the Board due to resignation, death, or any other cause resulting in
an unexpired term.
G. Before assuming duties on the Board, each member shall take and subscribe to the oath or
affirmation provided in Article XV of the Oklahoma Constitution, which oath or affirmation shall be
administered and filed as provided in the article.
H. A member may be removed from the Board by the Governor for cause which shall include, but
not be limited to:
1. Ceasing to be qualified;
2. Being found guilty by a court of competent jurisdiction of a felony or any offense involving
moral turpitude;
3. Being found guilty, through due process, of malfeasance, misfeasance or nonfeasance in
relation to Board duties;
4. Being found mentally incompetent by a court of competent jurisdiction;
5. Being found in violation of any provision of the Oklahoma Chiropractic Practice Act; or
6. Failing to attend three meetings of the Board without just cause, as determined by the Board.
I. No member of the Board shall be:
1. A registered lobbyist; or
2. An officer, board member or employee of a statewide organization established for the purpose
of advocating the interests of chiropractors licensed pursuant to the Oklahoma Chiropractic
Practice Act; or
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3. An insurance claims adjuster, reviewer, or consultant; provided , however, a person shall not
be considered to be a consultant solely for testifying in a court as an expert witness
2. An officer, board member or employee of a statewide organization established for the purpose
of advocating the interests of chiropractors licensed pursuant to the Oklahoma Chiropractic
Practice Act.
Section 161.5 - Meetings - Duties of Officers - Bond - Liability.
A. The Board of Chiropractic Examiners shall organize annually at the first meeting of the Board
after the beginning of each fiscal year, by electing from among its members a president, a vice-president
and a secretary-treasurer. The Board shall hold regularly scheduled meetings at least
once each quarter at a time and place determined by the Board, and may hold such special
meetings, emergency meetings, or continued or reconvened meetings as found by the Board to
be expedient or necessary. A majority of the Board shall constitute a quorum for the transaction
of business.
B. The president shall preside at meetings of the Board, arrange the Board agenda, sign Board
orders and other required documents, coordinate Board activities and perform such other duties
as may be prescribed by the Board.
C. The vice-president shall perform the duties of the president during the president's absence or
disability and shall perform such other duties as may be prescribed by the Board.
D. The secretary-treasurer shall be responsible for the administrative functions of the Board and
shall submit at the first regular meeting of the Board after the end of each fiscal year, a full
itemized report of the receipts and disbursements for the prior fiscal year, showing the amount of
funds on hand.
E. The Board shall act in accordance with the provisions of the Oklahoma Open Meeting Act, the
Oklahoma Open Records Act, and the Administrative Procedures Act.
F. All members of the Board and such employees as determined by the Board shall be bonded as
required by Sections 85.26 through 85.31 of Title 74 of the Oklahoma Statutes.
G. The liability of any member or employee of the Board acting within the scope of Board duties
or employment shall be governed by the Governmental Tort Claims Act.
H. Members of the Board shall serve without compensation but shall be reimbursed for all actual
and necessary expenses incurred in the performance of their duties in accordance with the State
Travel Reimbursement Act.
I. All fees, charges, reimbursement minimums and other revenue-generating amounts shall be set
by the Board by rule.
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Section 161.6 - Powers of Board - Advisory Committee.
A. Pursuant to and in compliance with Article I of the Administrative Procedures Act, the Board of
Chiropractic Examiners shall have the power to formulate, adopt and promulgate rules as may be
necessary to regulate the practice of chiropractic in this state and to implement and enforce the
provisions of the Oklahoma Chiropractic Practice Act.
B. The Board is authorized and empowered to:
1. Establish and maintain a procedure or system for the certification or accreditation of
chiropractic physicians who are qualified in chiropractic post-doctorate Diplomate and all other
chiropractic specialties;
2. Establish a registration system and adopt and enforce standards for the education and training
of chiropractic physicians who engage in the business of issuing professional opinions on the
condition, prognosis or treatment of a patient;
3. Adopt and enforce standards governing the professional conduct of chiropractic physicians,
consistent with the provisions of the Oklahoma Chiropractic Practice Act, for the purpose of
establishing and maintaining a high standard of honesty, dignity, integrity and proficiency in the
profession;
4. Lease office space for the purpose of operating and maintaining a state office, and pay the rent
thereon; provided, however, such state office shall not be located in or directly adjacent to the
office of any practicing chiropractic physician;
5. Purchase office furniture, equipment and supplies;
6. Employ, direct, reimburse, evaluate, and dismiss such office personnel, as may be necessary,
in accordance with state procedures;
7. Employ legal counsel, as needed, to represent the Board in all legal matters and to assist
authorized state officers in prosecuting or restraining violations of the Oklahoma Chiropractic
Practice Act, and pay the fees for such services;
8. Order or subpoena the attendance of witnesses, the inspection of records and premises and
the production of relevant books and papers for the investigation of matters that may come before
the Board;
9. Employ one or more investigators, as needed, for the sole purpose of investigating written
complaints regarding the conduct of chiropractic physicians, and fix and pay their salaries or
wages. Any investigator shall be certified as a peace officer by the Council on Law Enforcement
Education and Training and shall have statewide jurisdiction to perform the duties authorized by
this section;
10. Pay the costs of such research programs in chiropractic as in the determination of the Board
would be beneficial to the chiropractic physicians in this state;
11. Establish minimum standards for continuing education programs administered by chiropractic
associations pursuant to Section 161.11 of this title;
12. Make such other expenditures as may be necessary in the performance of its duties;
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13. Establish appropriate fees and charges to implement the provisions of the Oklahoma
Chiropractic Practice Act;
14. Establish policies for Board operations;
15. Determine and direct Board operating administrative, personnel and budget policies and
procedures in accordance with applicable statutes;
16. Provide travel expenses for at least the Executive Director and provide travel expenses for
members of the Board to attend an annual national conference. The Board shall give each
member the opportunity to attend the annual national conference;
17. Assess chiropractic applicants the cost for a criminal background check. The criminal
background checks required by this section shall follow the requirements of Section 1-1950.1 of
Title 63 of the Oklahoma Statutes;
18. Out-of-state licensed chiropractic physicians may travel into Oklahoma to treat patients for
special events, including but not limited to sporting events and state emergencies within the
borders of Oklahoma after properly registering with the Board of Chiropractic Examiners; and
19. The Board of Chiropractic Examiners, by rule, shall promulgate a code of ethics.
C. The Board shall promulgate rules regarding continuing education seminars or courses or
license renewal seminars or courses including, but not limited to, the qualifications of an
applicant, association or entity seeking to sponsor a seminar or course, where the association or
entity is domiciled, whether the association or entity is classified as a nonprofit organization, and
the educational experience of instructors applying to conduct a seminar or course.
D. 1. The Board shall appoint an Advisory Committee of a minimum of four and no more than six
chiropractic physicians and one lay member representing the public who may advise and assist
the Board in:
a. Investigating the qualifications of applicants for an original license to practice chiropractic in
this state;
b. Investigating written complaints regarding the conduct of chiropractic physicians, including
alleged violations of the Oklahoma Chiropractic Practice Act or of the rules of the Board, and
c. Such other matters as the Board shall delegate to them.
2. The Advisory Committee shall be selected from a list of ten chiropractic physicians and three
lay persons submitted by each chiropractic association or society in this state or any unaffiliated
chiropractic physician desiring to submit a list. The term of service for members of the Advisory
Committee shall be determined by the Board. Members of the Advisory Committee shall be
reimbursed for all actual and necessary expenses incurred in the performance of their duties in
accordance with the State Travel Reimbursement Act.
E. 1. After an initial complaint is received by the Board, the Advisory Committee specified in
subsection D of this section shall meet and determine whether the complaint merits further
investigation. The focus and scope of an investigation shall pertain only to the subject of the
complaint.
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2. The Advisory Committee may utilize the services of an investigator employed or contracted by
the Board pursuant to this section. An investigator shall have the authority to investigate a
complaint only upon directive of a simple majority of the Advisory Committee or the chair of the
Advisory Committee.
3. The findings of the investigator shall be presented to the Advisory Committee. The Advisory
Committee shall review and determine whether the findings of the investigator and/or the
Advisory Committee shall be presented to the Board for possible further action.
F. The Board shall promulgate rules regarding the issuance of field citations and the assessment
of administrative penalties no later than July 1, 2012. Administrative penalties for field citations
shall not exceed Two Hundred Fifty Dollars ($250.00) for a first offense and One Thousand
Dollars ($1,000.00) for a second or subsequent offense.
Section 161.7 - Applications for Original License by Examination to Practice Chiropractic.
A. 1. Applications for an original license by examination to practice chiropractic in this state shall
be made to the Board of Chiropractic Examiners in writing on a form and in a manner prescribed
by the Board. The application shall be supported by the affidavits of two persons who hold a valid
license to practice chiropractic in this state or in another state, country, territory or province, and
who are not related to or under financial obligations to the applicant, showing the applicant to be
a person of good moral character.
2. The application shall be accompanied by a fee of One Hundred Seventy-Five Dollars ($175.00)
which shall not be refundable under any circumstances.
3. If the application is disapproved by the Board, the applicant shall be so notified by the
secretary-treasurer of the Board, with the reason for such disapproval fully stated in writing.
4. If the application is approved, the applicant, upon payment of an examination fee of One
Hundred Seventy-Five Dollars ($175.00)., may take an examination administered by the Board
for the purpose of securing an original license. The Board may accept a passing score on an
examination administered by the National Board of Chiropractic Examiners taken by the
applicant, or may require the applicant to take an examination administered by the Board or both.
B. Applicants for an original license to practice chiropractic in this state shall submit to the Board
of Chiropractic Examiners documentary evidence of completion of:
1. A course of standard high school education;
2. Ninety (90) semester hours of college credits in a college or university whose credits are
accepted by the University of Oklahoma. For students enrolled in an accredited Doctor of
Chiropractic Degree Program on the effective date of this act, proof of having earned a minimum
of sixty (60) semester hours of college credits at an institution for which credits are accepted by
the University of Oklahoma shall meet the requirements of this paragraph;
3. A course of resident study of not less than four (4) years of nine (9) months each in an
accredited chiropractic college. A senior student at an accredited chiropractic college may make
application for an original license by examination prior to graduation, but such a license shall not
be issued until documentary evidence of the graduation of the student from the college has been
submitted to the Board;
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4. Parts I, II, III, IV and physiotherapy as administered by the National Board of Chiropractic
Examiners with a passing score; and
5. Passing an examination with seventy-five percent (75%) or better.
C. Effective January 1, 2006, out-of-state licensed applicants shall submit to the Board
documentary evidence that the applicant has malpractice insurance. New applicants shall submit
to the Board documentary evidence that the applicant has malpractice insurance within six (6)
months of obtaining their Oklahoma license.
D. An applicant for an original license shall provide full disclosure to the Board of any disciplinary
action taken against the applicant in any state pursuant to licensure and/or criminal proceedings
including, but not limited to, pleading guilty or nolo contendere to, or being convicted of, a felony,
a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous
substance laws.
E. No later than one (1) year after receiving a license to practice in Oklahoma, chiropractic
physicians shall complete an orientation course of training approved by the Board. The
orientation course hours shall count as continuing education credits for the year in which they
were earned. An association may provide the orientation course of training.
F. The Board shall issue an original license to those applicants who have passed the required
examination with a score acceptable to the Board. No license fee shall be charged by the Board
for the balance of the calendar year in which such a license is issued.
Section 161.8 - Examination Subjects.
If an examination is administered by the Board of Chiropractic Examiners, it shall include those
technical, professional and practical subjects that relate to the practice of chiropractic including,
but not limited to, chiropractic principles, anatomy, histology, physiology, symptomatology,
orthopedia, chemistry, spinography, diagnosis, sanitation and hygiene, pathology, public health
service and adjustology. The Board shall also examine each applicant in the art of chiropractic
adjusting, x-ray, diagnostic laboratory procedures, physiological therapeutics and other subjects
taught by accredited chiropractic colleges.
Section 161.9 - Applications for Original License by Relocation to Practice Chiropractic.
A. Applications for an original license by relocation of practice to practice chiropractic in this state
shall be made to the Board of Chiropractic Examiners in writing on a form and in a manner
prescribed by the Board. The application shall be accompanied by a fee of Three Hundred Fifty
Dollars ($350.00), Three Hundred Dollars ($300.00), which shall not be refundable under any
circumstances. If the application is disapproved by the Board, it shall be returned to the applicant
with the reason for its disapproval fully stated in writing.
B. The Board may, in its discretion, issue an original license by relocation to practice to an
applicant who is currently licensed to practice chiropractic in another state, country, territory or
province, upon the following conditions:
1. That the applicant is of good moral character;
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2. That the requirements for licensure in the state, country, territory or province in which the
applicant is licensed are deemed by the Board to be equivalent to the requirements for obtaining
an original license by examination in force in this state at the date of such license;
3. That the applicant has no disciplinary matters pending against him in any state, country,
territory or province;
4. That the license of the applicant was obtained by examination in the state, country, territory or
province wherein it was issued, or was obtained by examination of the National Board of
Chiropractic Examiners;
5. That the applicant passes the examination given by the Board with a minimum score of
seventy-five percent (75%) or better; and
6. That the applicant meets all other requirements of the Oklahoma Chiropractic Practice Act.
C. Any applicant requesting a license by relocation of practice into Oklahoma shall:
1. Submit to the Board documentary evidence that the applicant has been in active practice as a
chiropractic physician five (5) years immediately preceding the date of the application;
2. Provide full disclosure to the Board of any disciplinary action taken against the applicant
pursuant to licensure as a chiropractic physician in any state pursuant to licensure and/or criminal
proceedings;
3. Provide full disclosure to the Board of any criminal proceeding taken against the applicant
including, but not limited to:
a. pleading guilty, pleading nolo contendere or receiving a conviction of a felony,
b. pleading guilty, pleading nolo contendere or receiving a conviction for a misdemeanor involving
moral turpitude, or
c. pleading guilty, pleading nolo contendere or receiving a conviction for violation of federal or
state controlled dangerous substance laws;
4. Comply with the jurisprudence assessment of this state;
5. If requested, appear before the Board for a personal interview; and
6. Pay an application fee to be set by rule of the Board.
D. No license fee shall be charged by the Board for the balance of the calendar year in which
such a license is issued.
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Section 161.10a-Continuing Education Programs and Courses
A. At least ninety (90) calendar days prior to offering a continuing education course in Oklahoma,
an association shall submit to the Board for approval:
1. An application to provide continuing education in this state;
2. The agenda for the continuing education seminar;
3. The professional background of the instructors; and
4. A summary of the courses to be taught at the continuing education seminar.
B. No later than thirty (30) days after submission of the application, the Board of Chiropractic
Examiners shall either approve or reject the continuing education seminar.
C. A continuing education program shall offer seminars providing continuing education on those
subjects within the scope of practice of chiropractic as well as those technical, professional, and
practical subjects that relate to the practice of chiropractic as included in Section 161.8 of Title 59
of the Oklahoma Statutes. Instructors at continuing education seminars may sell products as long
as the sale of such products is ancillary to the purpose of the seminar.
D. Beginning January 1, 2006, a maximum of eight (8) hours of the annual Oklahoma continuing
education requirements may be obtained by a continuing education program outside this state if
the out-of-state continuing education program is approved by the Board.
E. Chiropractic physicians who have not been in active practice during the previous year shall be
exempt from that calendar year’s continuing education requirements. However, prior to returning
to active practice, the chiropractor must have attended the required continuing education during
the previous calendar year.
F. All licensed chiropractic physicians must attend a minimum of eight (8) hours of in-state
continuing education programs approved by the Board of Chiropractic Examiners.
G. Beginning January 1, 2005, the Board shall waive the in-state attendance requirements for
continuing education, if the licensee was prevented from attending by illness or extenuating
circumstances, as determined by the Board.
Section 161.11 - Renewal License Fee.
A. 1. Beginning January 1, 2005:
a. except as provided in subsection B of this section, every person holding an original license to
practice chiropractic in this state shall pay to the Board of Chiropractic Examiners, on or before
July1 of each year, a renewal license fee of Two Hundred Twenty-five Dollars ($225.00), and
b. an inactive nonresidents holding an original license to practice chiropractic in Oklahoma and
who has filed a statement with the Board that the licensee is not actively engaged in the practice
of chiropractic in this state and shall not engage in the practice of chiropractic in this state during
the succeeding year, shall pay to the Board, on or before July1 of each year, a renewal license
fee of One Hundred Seventy-five Dollars ($175.00).
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c. an inactive resident holding an original license to practice chiropractic in Oklahoma, and who
has filed, or on whose behalf has been filed, a statement with the Board that because of illness,
infirmity, active military service or other circumstances as approved by the Board, the licensee is
unable to actively engage in the practice of chiropractic during the succeeding year, shall pay to
the Board a renewal license fee of One Hundred Dollars ($100.00), and
d. a person holding an original license, but who is sixty-five (65) years of age or older who has
filed a statement with the Board that the licensee is not actively engaged in the practice of
chiropractic in this state and shall not engage in the practice of chiropractic in this state during the
succeeding year, shall pay to the Board a renewal licensee fee of Fifty Dollars ($50.00).
2. In addition, each licensee shall present to the Board satisfactory evidence that during the
preceding twelve (12) months the licensee attended sixteen (16) hours of continuing education
that meets the requirements of Section 161.10a of this title, provide that inactive resident
licensees may, at the discretion of the Board, be exempt from this requirement.
3. Beginning January 1, 2006, every chiropractic physician who is actively engaged in the
practice of chiropractic in this state shall submit to the Board documentary evidence that the
chiropractor has malpractice insurance and maintains such insurance twelve (12) months of each
year when practicing in this state. Any licensee who is not actively engaged in practice in this
state, shall be exempt from providing proof of malpractice insurance.
B. Subject to the laws of this state and rules promulgated pursuant to the Oklahoma Chiropractic
Practice Act, the Board shall, upon determination that a licensee has complied with the
requirements of subsection A of this section, issue a renewal license to said licensee.
C. The failure of a licensee to properly renew a license or certificate shall be evidence of
noncompliance with the Oklahoma Chiropractic Practice Act.
1. The license shall automatically be placed in a lapsed status for failure to renew and shall be
considered lapsed and not in good standing for purposes of the practice of chiropractic.
2. If within sixty (60) calendar days after July1 the licensee pays the renewal fee, and the
reinstatement fee set by the Board, the license may be reactivated.
3. If sixty (60) calendar days elapse and the license is not reinstated, the license shall
automatically be suspended for failure to renew.
4. The practice of chiropractic is prohibited unless the license is active and in good standing with
the Board.
D. When an original license or renewal license, or both, have been suspended under the
provisions of this section, the license or licenses may be reinstated upon:
1. Payment of a reinstatement fee in an amount fixed by the Board not to exceed Four Hundred
Dollars ($400.00);
2. Payment of the renewal license fee for the calendar year in which the original license is
reinstated; and
3. Presentation to the Board of satisfactory evidence of compliance with the continuing education
requirement of this section for the calendar year in which the original license is reinstated.
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E. The Board, by rule, may establish guidelines for the disposition of disciplinary cases involving
specific types of violations. The guidelines may include, but are not limited to:
1. Minimum and maximum administrative fines;
2. Periods of suspension, probation or supervision;
3. Terms and conditions of probation; and
4. Terms and conditions for the reinstatement of an original license or renewal license, or both.
Section 161.12 - Grounds for Imposing Penalties.
A. The Board of Chiropractic Examiners is authorized, after notice and an opportunity for a
hearing pursuant to Article II of the Administrative Procedures Act, to issue an order imposing one
or more of the following penalties whenever the Board finds, by clear and convincing evidence,
that a chiropractic physician has committed any of the acts or occurrences set forth in subsection
B of this section:
1. Disapproval of an application for a renewal license;
2. Revocation or suspension of an original license or renewal license, or both;
3. Restriction of the practice of a chiropractic physician under such terms and conditions as
deemed appropriate by the Board;
4. An administrative fine not to exceed One Thousand Dollars ($1,000.00) for each count or
separate violation;
5. A censure or reprimand; and
6. Placement of a chiropractic physician on probation for a period of time and under such terms
and conditions as the Board may specify, including requiring the chiropractic physician to submit
to treatment, to attend continuing education courses, to submit to reexamination, or to work under
the supervision of another chiropractic physician.
B. The following acts or occurrences by a chiropractic physician shall constitute grounds for which
the penalties specified in subsection A of this section may be imposed by order of the Board:
1. Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving
moral turpitude, or a violation of federal or state controlled dangerous substances laws. A copy of
the judgment and sentence of the conviction, duly certified by the clerk of the court in which the
conviction was obtained, and a certificate of the clerk that the conviction has become final, shall
be sufficient evidence for the imposition of a penalty;
2. Being habitually drunk or habitually using habit-forming drugs;
3. Using advertising in which statements are made that are fraudulent, deceitful or misleading to
the public;
4. Aiding or abetting any person not licensed to practice chiropractic in this state to practice
chiropractic, except students who are regularly enrolled in an accredited chiropractic college;
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5. Performing or attempting to perform major or minor surgery in this state, or using electricity in
any form for surgical purposes, including cauterization;
6. Using or having in a chiropractic physician’s possession any instrument for treatment
purposes, the use or possession of which has been prohibited or declared unlawful by any
agency of the United States or the State of Oklahoma;
7. Unlawfully possessing, prescribing or administering any drug, medicine, serum or vaccine. This
section shall not prevent a chiropractic physician from possessing, prescribing or administering,
by a needle or otherwise, vitamins, minerals or nutritional supplements, or from practicing within
the scope of the science and art of chiropractic as defined in Section 161.2 of this title;
8. Advertising or displaying, directly or indirectly, any certificate, diploma or other document which
conveys or implies information that the person is skilled in any healing art other than chiropractic
unless the chiropractic physician also possesses a valid current license in said healing art;
9. Obtaining an original license or renewal license in a fraudulent manner;
10. Violating any provision of the Unfair Claims Settlement Practices Act or any rule promulgated
pursuant thereto;
11. Willfully aiding or assisting an insurer, as defined in Section 1250.2 of Title 36 of the
Oklahoma Statutes, or an administrator, as defined in Section 1442 of Title 36 of the Oklahoma
Statutes, to deny claims which under the terms of the insurance contract are covered services
and are medically necessary;
12. Violating any provision of the Oklahoma Chiropractic Practice Act; or
13. Violating any of the rules of the Board.
C. Any chiropractic physician against whom a penalty is imposed by an order of the Board under
the provisions of this section shall have the right to seek a judicial review of the order pursuant to
Article II of the Administrative Procedures Act.
D. The Board is authorized to issue a confidential letter of concern to a chiropractic physician
when, though evidence does not warrant initiation of an individual proceeding, the Board has
noted indications of possible errant conduct by the chiropractic physician that could lead to
serious consequences and formal action by the Board.
E. If no order imposing a penalty against a chiropractic physician is issued by the Board within
three (3) years after a complaint against the chiropractic physician is received by the Board, the
complaint and all related documents shall be expunged from the records of the Board.
Section 161.12a - Registration as Chiropractic Claims Consultant
A chiropractic physician who desires to act as a chiropractic claims consultant shall register with
the Board of Chiropractic Examiners on a form prescribed by the Board. The Board shall issue a
certificate to the chiropractic physician entitling them to act as a chiropractic claims consultant in
this state
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Section 161.13 - Suspension because of Incompetence.
A. The Board of Chiropractic Examiners is authorized, after notice and opportunity for a hearing,
pursuant to Article II of the Administrative Procedures Act, to issue an order suspending the
original license or renewal license, or both, of a chiropractic physician whenever the Board finds,
by clear and convincing evidence, that the chiropractic physician has become incompetent to
practice chiropractic because of mental illness. Commitment of a chiropractic physician to an
institution for the mentally ill shall be considered prima facie evidence of his incompetency to
practice chiropractic because of mental illness.
B. Any chiropractic physician who has his original license or renewal license, or both, suspended
under the provisions of this section shall have the right to seek a judicial review of the order
pursuant to Article II of the Administrative Procedures Act.
C. The Board, on its own motion or on the application of a chiropractic physician whose original
license or renewal license, or both, have been suspended under the provisions of this section, is
authorized, on proper showing that the chiropractic physician's competency to practice
chiropractic has been restored, to reinstate the license or licenses at any time; provided,
however, reinstatement shall not be made while the chiropractic physician is confined in an
institution for the mentally ill. No reinstatement fee shall be charged by the Board for the
reinstatement of any license which has been suspended under the provisions of this section.
Section 161.14 –Requirement of License-Penalty for Violation.
A. Any person who shall practice or attempt to practice chiropractic in this state, or who shall hold
himself or herself out to the public as a practitioner of chiropractic in this state, without having first
obtained an original license to practice chiropractic from the Board of Chiropractic Examiners, or
after the original license to practice chiropractic has been revoked, or while such original license
is under suspension, shall be deemed guilty of a misdemeanor and upon conviction shall be
punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than Two
Thousand Dollars ($2,000.00), or by imprisonment in the county jail for not less than five (5) days
nor more than thirty (30) days, or by both such fine and imprisonment. Each day of such violation
shall constitute a separate and distinct offense.
B. The Board of Chiropractic Examiners is hereby authorized to apply to a court of competent
jurisdiction for an order enjoining an unlicensed person from practicing chiropractic or holding
himself or herself out as a practitioner of chiropractic. Any injunctive relief granted by the court
shall be without bond.
Section 161.15 - Doctors of Chiropractic Governed by Public Health Laws.
Doctors of chiropractic shall be bound by all the provisions of the Oklahoma Public
Health Code that apply to them, and shall be qualified to sign:
1. Death certificates, pursuant to Section 1-317 of Title 63 of the Oklahoma
Statutes; and
2. All other certificates, including those relating to public health, the same as doctors of medicine
and surgery and doctors of osteopathic medicine, and with like effect.
17
Section 161.16 - Administration of Chiropractic Education Scholarship Program.
A. A Chiropractic Education Scholarship Program, to be administered by the Board of
Chiropractic Examiners, is hereby created. Chiropractic education scholarships may be awarded
each fiscal year to persons approved by the Board for the study of chiropractic leading to the
attainment of the degree of doctor of chiropractic. To be eligible to receive a scholarship a person
must:
1. Be a legal resident of this state for not less than five (5) years prior to the date of submitting an
application to the Board;
2. Meet all requirements and academic standards established by the Board;
3. Attend an accredited chiropractic college; and
4. Demonstrate satisfactory progress in the study of chiropractic.
B. Preference in the granting of such scholarships shall be given to those individuals with the
highest weighted scholastic averages, provided they are persons of high integrity and character
and are found by the Board to have those qualities and attributes which give a reasonable
assurance of their pursuing to completion the course of study required for a degree of doctor of
chiropractic. The scholarships shall be awarded in an amount not to exceed Six Thousand Dollars
($6,000.00) each year per student. No student shall be given more than four (4) annual
scholarships. The Board is authorized to accept any federal, state, county or private funds, grants
or appropriations to be used to award such scholarships to qualified persons.
Section 161.17 - Chiropractic Undergraduate Preceptorship Program - Establishment.
A Chiropractic Undergraduate Preceptorship Program, in conjunction with accredited chiropractic
colleges, shall be established by the Board of Chiropractic Examiners, who may appoint five (5)
chiropractic physicians to administer the program.
Each intern in the program shall pay a nonrefundable fee of Thirty-five Dollars ($35.00) to the
Board each trimester the intern participates in the program.
The Board shall by rule establish standards, qualifications and responsibilities for interns,
preceptors and accredited chiropractic colleges participating in the program.
Section 161.18 - Oklahoma Chiropractic Code of Ethics - Creation - Responsibilities.
Chiropractic physicians may be listed in all publications as:
1. Physicians, Chiropractic;
2. Chiropractors; or
3. Doctors of Chiropractic.
18
Section 161.20 - Board of Chiropractic Examiners' Revolving Fund - Creation.
There is hereby created in the State Treasury a revolving fund for the Board of Chiropractic
Examiners, to be designated as the "Board of Chiropractic Examiners' Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies
received by the Board pursuant to the provisions of the Oklahoma Chiropractic Practice Act. All
monies accruing to the credit of said fund are hereby appropriated and may be budgeted and
expended by the Board for the purpose of implementing and enforcing the provisions of the
Oklahoma Chiropractic Practice Act. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims signed by the secretary-treasurer of the Board or by
an authorized employee or employees of the Board and filed as prescribed by law with the
Director of State Finance for approval and payment.
19
Part II
TITLE 140. BOARD OF CHIROPRACTIC EXAMINERS
NEW RULES EFFECTIVE 06/25/2011
20
CHAPTER 1. ADMINISTRATIVE ORGANIZATION AND OPERATIONS
Subchapter Section
1. General Provisions ................................................................................................................................... 140:1-1-1
3. Board Purpose and Organization............................................................................................................... 140:1-3-1
5. Procedures ................................................................................................................................................ 140:1-5-1
7. Declaratory Rulings.................................................................................................................................. 140:1-7-1
[Authority: 75 O.S., § 302; 59 O.S., § 161.6]
SUBCHAPTER 1. GENERAL PROVISIONS
Section
140:1-1-1. Purpose
140:1-1-2. Definitions
140:1-1-3. Gender
140:1-1-4. Statutory citations
140:1-1-5. State Associations
140:1-1-1. Purpose
The purpose of this Chapter is to:
(1) provide a description of organization of the Board, the general course of conduct and method of
the operations of the Board, and the methods whereby the public may obtain information or make
submissions or requests;
(2) set forth the nature and requirements of certain formal and informal procedures available;
(3) prescribe the form for petitions by interested persons who request the promulgation, amendments
or repeal of a rule by the Board, and the procedure for their submission, consideration and
disposition; and
(4) provide for the filing and prompt disposition of petitions for declaratory ruling by the Board as to
the applicability of any rule or order of the Board; as required by the Administrative Procedures
Act
140:1-1-2. Definitions
The following words and terms when used in this Chapter, shall have the following meaning, unless
the context clearly indicates otherwise:
"Accredited Chiropractic College" means a chiropractic educational institution, which is accredited
by the Commission on Accreditation of the Council on Chiropractic Education or its successor.
"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.
"APA" means the Oklahoma Administrative Procedures Act, 75 O.S.1991, §§ 250 et seq.
"Advisory Committee" means the committee appointed by the Board to advise and assist the Board
in the investigation of the qualifications for licensure, complaints as to the conduct of chiropractic
physicians, and for such other matters as the Board delegate to them.
"Applicant" means any person submitting an application for licensure to the Board.
"Board" means the Board of Chiropractic Examiners.
"Chiropractic" means the science and art that teaches health in anatomic relation and disease or
abnormality in anatomic. disrelation, and includes hygienic, sanitary and therapeutic measures incident
thereto in humans.
"Chiropractic physician" or "licensee" means a person who holds an original license to practice
chiropractic in this state.
"Continuing education requirements" means attendance by a licensee at a minimum of (16) sixteen
hours of Chiropractic education seminars as required for a renewal license.
"Emergency meeting" means a meeting of the board, which is called pursuant to the Open Meeting
Act based upon exigent circumstances, which require expedited attention, by the board to the matters
concerned.
"Examination" means the process used by the Board, prior to the issuance of an original license, to
test the qualifications and knowledge of an applicant on any or all of the following: current statutes, rules,
or any of those subjects listed in Section 161.8 of the Act.
21
"Executive Director" means the Executive Director of the Board.
"Final order" means on order made by the Board pursuant to the APA and which is subject to judicial
review.
"Individual proceeding" means the formal process employed by the Board to provide a hearing for a
licensee of the Board to provide a hearing for the licensee of the Board accused of a violation of the Act
and in which the Board may take action against such person’s original license to practice chiropractic in
this state
"Licensure" means the Board’s process with respect to the grant, denial, renewal, revocation, or
suspension of an original or renewal license.
"OAC" means the Oklahoma Administrative Code.
"Order" means a formal or official decision of the Board including, but not limited to, final orders.
"Original license" means a license which grants initial authorization to practice chiropractic in this
state issued by the Board to an applicant found by the Board to meet the requirements for licensure of the
Act,
(A) by examination pursuant to § 161.7 and 161.8 of the Act and 140:10-3-1 through 140:10-
3-4; or
(B) by relocation of practice pursuant to § 161.9 of the Act and 140:10-3-5.
"Party" means a person or agency named and participating or properly seeking and entitled by law to
participate in an individual proceeding.
"Person" means any individual, association, governmental subdivision, or public or private
organization of any character other than an agency.
"Regular meetings" means regular meetings of the Board held at such times and places as scheduled
by the Board and includes continued and reconvened meetings as may be allowed pursuant to the Open
Meetings Act. Provided, however, that continued and reconvened meetings shall be as limited by the
Open Meeting Act.
"Relocation of Practice" means the ability for an applicant to obtain a chiropractic license on the
following conditions:
(A) The applicant is of good moral character;
(B) The applicant shall submit documentary evidence that they have been in active practice for five (5)
years immediately preceding the date of application;
(C) The applicant has had no disciplinary action pending against their license in any other state,
country or province:
(D) The licensee requesting relocation of practice shall comply with the jurisprudence assessment
examination administered by the Board of Chiropractic Examiners of this state.
(E) The applicant may be requested to appear before the Board for a personal interview, and:
(F) The applicant shall meet all other requirements set forth in the Oklahoma Chiropractic Practice
Act.
"Renewal license" means a license issued by the Board on or before the first day of January of each
year to a licensee, which authorizes the licensee to practice chiropractic in this state for the succeeding
calendar year.
"Revocation" means the recalling, annulling or rendering inoperative of an original license or renewal
license, or both, by the Board, after notice and an opportunity for a hearing in an individual proceeding.
"Rule or rules" means the rules of the Board promulgated pursuant to the APA or its successor
statutes.
"Rule-making" means the process employed by the Board for the promulgation of a rule.
"Scope of practice" means chiropractic is the science and art that teaches health in anatomic relation
and disease or abnormality in anatomic disrelation, and includes hygienic, sanitary and therapeutic
measures incident thereto in humans. The scope of practice of chiropractic shall include those diagnostic
and treatment services and procedures, which have been taught by an accredited chiropractic college and
have been approved by the Board of Chiropractic Examiners. Such diagnostic and treatment services and
procedures shall include the following: Chiropractic physicians may examine, analyze and diagnose the
human body to correct, relieve or prevent diseases and abnormalities by the use of any physical, chemical,
electrical, or thermal method; use or order diagnostic radiological imaging; use or order laboratory testing;
and use any other method of examination for diagnosis and analysis taught by an accredited chiropractic
college and approved by the Board of Chiropractic Examiners. In addition, Chiropractic physicians may
adjust, manipulate and treat the human body by manual, mechanical, chemical, electrical, or natural
22
methods; by the use of physiotherapy; meridian therapy; by utilizing hygienic, sanitary and therapeutic
measures; by the administration of naturopathic and homeopathic remedies, by the application of first aid
or by performing any other treatment taught by an accredited chiropractic college and approved by the
Board of Chiropractic Examiners. Nothing in this rule shall permit a Chiropractic Physician to prescribe
legend drugs, beyond injectable nutrients, as is currently the law in Title 59 Section 161.12 of the
Oklahoma Statutes.
"Secretary-Treasurer" means the Secretary-Treasurer of the Board.
"Special meeting" means all meetings of the Board other than regular or emergency meetings.
"Suspension" means temporary discontinuance or cessation, with an expectation of reinstatement, of
an original license or renewal license, or both, by the Board after notice and an opportunity for a hearing as
required in an individual proceeding.
140:1-1-3 Gender
As used in this Title, the masculine gender shall be deemed to include the feminine statute.
140:1-1-4 Statutory citations
Citations to statutes in this Chapter refer to the most recent codification of the statute.
140:1-1-5. STATE ASSOCIATIONS
All state chiropractic associations shall annually submit to the Board the names of their current officers
within sixty (60) days of election of the officers by the association, and shall designate which officers shall
represent the association at all Board meetings. Only those officers designated by the association as its
representatives and those employees of the association holding written authorization signed by the
association chairman will be allowed to represent the official views, opinions, and desires of the association
at the Board meetings. The association may designate up to three (3) officers as representatives.
SUBCHAPTER 3. BOARD PURPOSE AND ORGANIZATION
Section
140:1-3-1. Purpose of Board
140:1-3-2. Meetings of the Board
140:1-3-3. Election of Board officers
140:1-3-4. Bonds
140:1-3-5. Objective of Board
140:1-3-6. Requests for information
140:1-3-7. Duties of the President
140:1-3-8. Duties of the Vice-President
140:1-3-9. Duties of the Secretary-Treasurer
140:1-3-10. Forms and instructions
140:1-3-1 Purpose of Board
The purpose of the Board shall be to regulate the practice of chiropractic in this state, as provided in
the Act and to implement, administer, and enforce the provisions of the Act.
140:1-3-2 Meeting of the Board
(a) All meetings of the Board shall be conducted in compliance with the Oklahoma Open Meetings
Act, 25 O.S.1991, §§330, et seq. The Board shall cause advance public notice of the date, time
and place of each meeting to be convened as well as provide an agenda of all matters to be
considered.
(b) The Board shall hold regular meetings at least once each quarter at a time and place determined by
the Bard and for which notice has been properly given to the Secretary of State pursuant to the
Oklahoma Open Meetings Act.
(c) The Board may hold such special meetings, emergency meetings, or continued or reconvened
meetings as found by the Board to be expedient, necessary or proper.
23
(d) All actions of the Board shall be kept in the form of written minutes, which shall be an official
summary of the actions and which shall show clearly those members present and absent, all
matters considered by the Board, and all action taken by the Board. In the written minutes of an
emergency meeting, the nature of the emergency and all actions which occurred at such meeting,
including the reason or reasons for declaring such emergency meeting, shall be included.
(e) The minutes of each meeting, except for minutes of any proper executive or closed session, shall
be open to public inspection andshall reflect the manner and time public notice of the meeting was
provided as required by the Oklahoma Open Meeting Act.
140:1-3-3 Election of Board officers
The Board shall organize annually at the first meeting of the Board during the fiscal year by electing
from among its members a President, a Vice-President and a Secretary-Treasurer.
140:1-3-4 Bonds
All members of the Board, where required by law, and such employees as determined by the Board,
shall be bonded as required by Section 85.26 through 85.31 of Title 74 of the Oklahoma Statutes.
140:1-3-5 Objective of Board
It shall be the objective of the Board to foster higher professional standards within the practice of
chiropractic in this state, consistent with the best interests of the health, welfare, and safety of the public.
140:1-3-6. Requests for information
(a) The Board shall act at all time in accordance with the provisions of the Oklahoma Open Records
Act, 51 O.S. 1991, Subsection 24A.1 et seq., as amended.
(b) The public may obtain information relative to the Board by submitting written, telephonic,
facsimile or other form of request to the Executive Director or his/her designee. All public
records shall be available for inspection and copying during normal business hours to receive and,
where appropriate, act upon requests for record review and copying.
(c) All records of the Board shall be public unless protected by a mandatory or permissive privilege
of confidentiality. The Executive Director of the Board shall determine whether or not disclosure
is made.
(d) In the event any request for a record which contains individual records of persons is solely for
commercial purposes or clearly would cause excessive disruption to the public body's essential
function, there shall be an additional charge computed and assessed based on the cost of
personnel necessary to accomplish the copying and basis for a document search.
140:1-3-7 Duties of President
The duties of the President of the Board shall be to:
(1) preside at meetings of the Board;
(2) supervise the preparation of the agenda of each Board meeting;
(3) sign Board orders and other required documents;
(4) coordinate Board activities; and
(5) perform such other duties as are prescribed in the Act or by the Board.
140:1-3-8 Duties of the Vice-President
The duties of the Vice-President of the Board shall be to:
(1) perform the duties of the President during the President’s absence; and
(2) perform such other duties as are prescribed in the Act or by the Board.
140:1-3-9. Duties of the Secretary-Treasurer
The duties of the Secretary-Treasurer of the Board shall be to:
(1) supervise office personnel employed by the Board;
(2) oversee the administrative functions of the Board's administrative office; and
(3) submit a full itemized report at the first regular meeting of the Board after the end of each fiscal
year of receipts and disbursements for the prior fiscal year, showing the amount of funds available.
24
140:1-3-10. Forms and instructions
(a) The Board shall cause to be created appropriate forms and instruction related to chiropractic
licensure, renewal, continuing education requirements, and such other matters as deemed
necessary by the Board.
(b) Forms and instructions of the Board shall be maintained at the Offices of the Board and shall be
available to any person upon request.
SUBCHAPTER 5. PROCEDURES
Section
140:1-5-1. Scope and application
140:1-5-2. Rule-making procedures
140:1-5-3. Filing of rules
140:1-5-4. Effective date
140:1-5-5. Petitions for rule-making
140:1-5-6. Board member not to communicate [REVOKED]
140:1-5-7. Procedures for complaints against licensees [REVOKED]
140:1-5-8. Disciplinary action [REVOKED]
140:1-5-9. Discovery [REVOKED]
140:1-5-10. Disqualifications of Board member in individual proceedings [REVOKED]
140:1-5-11. Rehearing, reopening, or reconsideration of Board decision [REVOKED]
140:1-5-12. Final orders; judicial review [REVOKED]
140:1-5-13. Petitions for declaratory rulings [REVOKED]
140:1-5-14. Conduct of hearings [REVOKED]
140:1-5-15. Evidentiary considerations in individual proceedings [REVOKED]
140:1-5-16. Proposed orders [REVOKED]
140:1-5-17. Final order contents [REVOKED]
140:1-5-18. Forms [REVOKED]
140:1-5-1. Scope and application
The Subchapter describes procedures of the Board on rulemaking, including the procedure for
submission, consideration and disposition of petitions requesting the promulgation, amendment or repeal of
a rule, as required by Article I of the APA.
140:1-5-2. Rule-making procedures
The Board shall follow the procedures set forth in Article I of the APA for the adoption, amendment,
or repeal of any rule.
140:1-5-3. Filing of rules
Copies of all rules adopted by the Board shall be filed by the Secretary-Treasurer with the appropriate
executive and legislative officers of this state pursuant to Article I of the APA.
140:1-5-5. Petitions for rule-making
(a) Any interested person may petition the Board in writing to promulgate, amend or repeal a rule.
(b) The Board shall maintain a permanent docket concerning petitions for the promulgation,
amendment or repeal of a rule. At the time such a petition is filed, it shall be numbered, and the
number of the petition, the date filing, the designation of the action sought, and the name and
address of the person who filed the petition shall be shown. The Address shall include the city,
state or post office box and zip code.
(c) The petition must be filed with the Board in duplicate and shall be typewritten, except as may be
waived by the Board upon written request.
(d) The petition shall contain the following information as applicable and except as may be waived by
the Board:
(1) A statement of the legal authority and jurisdiction under which the petition is filed;
(2) The exact language of the proposed rule, amendment, or repeal request;
(3) A statement and legal references which show that the requested rule, amendment or
repeal is not in conflict with any existing rule, ruling, order or opinion of the Board or
25
any policy or provision of the Act or APA, or that any earlier rule, ruling, order or
opinion should be set aside or modified;
(4) A statement of the purpose of the requested rule, amendment or repeal and at least one
example or fact, amendment or repeal and at least one example or fact situation to which
the rule, amendment or repeal will apply; and
(5) The name and address of the person who requested the rule, amendment or repeal. In the
event the request is made by an association, the request shall also include the name and
address of a contact person at said association who is able to provide meaningful
information related to the request.
(e) The petition shall be submitted for study for a maximum period of ninety (90) days.
(f) The Board, on its own motion or upon the request of any other interested party, may require any
petitioner to provide additional information, as may be specified by the Board, for use in the
Board’s consideration and disposition of a petition. The failure of a petitioner to provide
additional requested information shall constitute grounds for the Board to take no action on a
petition.
(g) Upon completion of the study period, the Board during a regular or special meeting shall meet to
consider the merits and proper deposition of the petition. Not less than ten (10) days prior to such
meeting, the Secretary-Treasurer shall notify the petitioner in writing of the date, time and place
such petition shall be considered, and the Board may request petitioner’s presence for purposes of
argument or submission of other information related to the petition.
(h) At the time and place designated for the public hearing, proponents and opponents of the proposed
rule, amendment or repeal of a rule may be heard in the manner and order set forth by the Board at
that time.
(i) At the conclusion of the public hearing, the Board shall render its decision on the petition.
(j) Dissatisfied parties may request a rehearing, reopening or reconsideration within ten (10) days
from the date action by the Board in the manner allowed by the APA at 75 O.S. 1991, §317, or its
successor statue.
140:1-5-6. Board members not to communicate
[REVOKED]
140:1-5-7. Procedures for complaints against licensees
[REVOKED]
140:1-5-8. Disciplinary action
[REVOKED]
140:1-5-9. Discovery
[REVOKED]
140:1-5-10 Disqualification of Board member in individual proceedings
[REVOKED]
140:1-5-11 Rehearing, reopening, or reconsideration of Board decision
[REVOKED]
140:1-5-12 Final orders; judicial review
[REVOKED]
140:1-5-13 Petition for declaratory rulings
[REVOKED]
140:1-5-14 Conduct of hearings
[REVOKED]
140:1-5-15 Evidentiary consideration in individual proceedings
[REVOKED]
26
140:1-5-16 Proposed orders
[REVOKED]
140:1-5-17 Final order contents
[REVOKED]
140:1-5-18 Forms
[REVOKED]
SUBCHAPTER 7. DECLARATORY RULINGS
Section
140:1-7-1. Scope and application
140:1-7-2. Petitions for declaratory rulings
140:1-7-1. Scope and application
This Subchapter describes the procedures of the Board related to the filing and deposition of petitions
for declaratory ruling, as required b Article I of the APA.
140:1-7-2 Petitions for declaratory rulings
(a) Any person who desired a ruling as to the application of any rule or order of the Board may file a
petition with the Executive Secretary, in writing, to request such ruling.
(b) All such petitions shall be in writing and filed with the Executive Director. Petitions to the Board for
declaratory rulings shall be in the following form and contain the following information:
(1) Petitions shall be submitted in legible typewritten form, with the original copy
submitted, and shall be submitted in person or by mail to the Executive Director
(2) Petitions must clearly identify the submitting party or parties by name, address,
official title (if any), and complete business address and must include a clear
statement reflecting the interest of the submitter(s) in such petition and the real
party(ies) of interest if the submission is by an agent or attorney.
(3) Every petition must clearly state that such is for issuance of a declaratory ruling
as to the applicability of a specifically identified rule or order. A petition may pertain
to only one subject area and individual petitions are required for separate subjects.
Separate petitions may be required for individual sections of rules.
(4) If the petition requests a declaratory ruling of the Board as to a rule, the complete
verbatim text of the existing rule shall be restated therein or attached as an appendix to
the petition. If the petition pertains to a request for a declaratory ruling of a previous
order of the Board, a copy of the previous order shall be clearly referred to or attached
as Appendix to the Petition and the petition shall clearly identify the pertinent portions
of such order which is the subject of the request.
(5) All petitions must be signed and endorsed by the petitioning party(ies) or their
legal representative(s) and notarized.
(c) Petitions which are not in proper form or which lack the necessary reasonable basis for consideration
by the Board will be returned to the submitter(s) or may be summarily denied
(b) (d) Unless the Board request a formal or informal opinion of the Attorney General, the Board shall,
within sixty (60) days after receipt of the petition and during its next regular or special meeting, issue its
declaratory ruling on the matter. The declaratory ruling shall consist of:
(1) a restatement of the question posed in the petition;
(2) an answer to the question posed in the petition;
(3) the reason or reasons for the answer given.
(c) (e) A copy of the each declaratory ruling shall be mailed to the person who requested the declaratory
ruling immediately after its issuance by the Board.
(d) (f) Copies of all declaratory rulings shall be placed in the permanent file at the
offices of the Board for public inspection, copying and/or mechanical reproduction during regular business
hours.
27
CHAPTER 3. DISCIPLINARY PROCEDURES
Subchapter
Section
1. General Provisions .............................................................................................................................................. 140:3-1-1
3. Filing and Disposition of Complaints................................................................................................................... 140:3-3-1
[Authority: 59 O.S. § 161.1]
SUBCHAPTER 1. GENERAL PROVISIONS
Section
140:3-1-1. Purpose
140:3-1-2. Definition
140:3-1-3. Gender
140:3-1-4. Statutory citations
140:3-1-1 Purpose
The purpose of the Chapter is to describe the procedures for the filing, investigation and disposition of
complaints against chiropractic physicians pursuant to the Act.
140:3-1-2 Definitions
The following words and terms, when used in this Chapter, shall have the following meaning, unless
the context clearly indicates otherwise:
"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.
"Advisory Committee" means the committee appointed by the Board to advise and assist the Board
in the investigation of the qualifications for licensure, complaints as to the conduct of chiropractic
physicians, and for such other matters as the Board delegates to them.
"Board" means the Board of Chiropractic Examiners.
"Chiropractic" means the science and art that teaches health in anatomic relation and disease or
abnormality in anatomic disrelation, and includes hygienic, sanitary and therapeutic measures incident
thereto.
"Chiropractic physician" or "licensee" means a person who holds an original license to practice
chiropractic in this state.
"Code of Ethics" means the Oklahoma Chiropractic Code of Ethics, OAC 140:15-7-5.
"Complaints" means a written statement by the person alleging that a chiropractic physician has
committed a violation of the Act or the rules of the Board.
"Examination" means the process used by the Board prior to the issuance of an original license to test
the qualifications and knowledge of an applicant on any or all the following: current statutes, rules or any
of those subjects listed in Section 161.8 of the Act.
"Final order" means an order made by the Board pursuant to the APA and which is subject to judicial
review.
"Individual proceeding" means the formal process employed by the Board to provide a hearing for a
licensee of the Board to provide a hearing for the licensee of the Board accused of a violation of the Act
and in which the Board may take action against such person’s original license to practice chiropractic in
this state.
"Letter of Concern" means a letter issued by the Board to a chiropractic physician to advise a said
chiropractic physician of a probable violation of the Act or the rules of the Board.
"Order" means a formal or official decision of the Board including, but not limited to, final orders.
“Original license” means a license which grants initial authorization to practice chiropractic in this
state issued by the Board to an applicant found by the Board to meet the requirements for licensure of the
Act,
(A) by examination pursuant to § 161.7 and 161.8 of the Act and 140:10-3-1 through 140:10-
3-4; or
(B) by relocation of practice pursuant to § 161.9 of the Act and 140:10-3-5.
"Party" means a person or agency named and participating or properly seeking and entitled by law to
participate in an individual proceeding.
28
"Penalty" means one or more of the penalties specified in subsection A of §161.12 of the Act.
"Person" means any individual, association, governmental subdivision, or public or private
organization of any character other than an agency.
"Relocation of Practice" means the ability of an applicant to obtain Oklahoma Licensure on the
following conditions:
(A) The applicant is of good moral character;
(B) The requirements for licensure in the state, country, territory or province in which the
applicant is licensed are deemed by the Board to be equivalent to the requirements for
obtaining an original license by examination in this state at the date of such license;
(C) The applicant has no disciplinary matters pending against him or her in any state,
country, territory or province;
(D) The license being relocated was obtained by examination in the state, country, territory or
province wherein it was issued, or was obtained by examination of the National Board of
Chiropractic Examiners;
(E) The applicant passes any examination given by the Board; and
(F) The applicant meets all other requirements of the Oklahoma Chiropractic Practice Act.
"Renewal license" means a license issued by the Board on or before the first day of January of each
year to a licensee which authorizes the licensee to practice chiropractic in this state for the succeeding
calendar year.
"Revocation" means the recalling, annulling or rendering inoperative of an original license or renewal
license, or both, by the Board, after notice and an opportunity for a hearing in an individual proceeding.
"Summary suspension" means the temporary suspension of a license to practice chiropractic
medicine by the Board without notice or an opportunity for a hearing.
"Violation" means a violation of the Act or rules of the Board for which the Board is empowered to
take disciplinary action against a licensee.
140:3-1-3. Gender
As used in this Title, the masculine gender shall be deemed to include the feminine gender.
140:3-1-4. Statutory citations
Citations to statutes in the Chapter refer to the most recent codification of the statute.
SUBCHAPTER 3. FILING AND DISPOSITION OF COMPLAINTS
Section
140:3-3-1. Purpose
140:3-3-2. Procedures for complaints against chiropractic physicians
140:3-3-3. Letters of concern issued by the Board
140:3-3-4. Individual proceedings
140:3-3-5. Determination of penalties
140:3-3-6. Summary suspension of a license
140:3-3-7. Publication of penalties imposed against licensees
140:3-3-8. Board and Advisory Committee member not to communicate
140:3-3-1. Purpose
This Subchapter describes the procedures of the Board related to the filing, investigation and
disposition of complaints against chiropractic physicians.
140:3-3-2. Procedures for complaints against chiropractic physicians
(a) Any person may submit to the Board a complaint against a chiropractic physician. In the event a
complaint is initiated by a member of the Board or the Advisory Committee and such complaint involves
the member of the Board or the Advisory Committee to the extent that such member of the Board or
Advisory Committee cannot render an impartial decision in the matter, the member of the Board or
29
Advisory Committee shall recuse himself from further action, investigation or other matter related to said
complaint.
(b) The Board shall make available a form which may be used for the filing of complaints.
(c) Each complaint reviewed by the Board shall be investigated and a written report made to the Board as
set forth in subsections (e), (f),(g) and (h) of this section within twenty-four (24) months of receipt of the
complaint by the Advisory Committee. No member of the Board shall review any complaint or discuss any
complaint with any member of the Advisory Committee or any other person, including the complainant and
the chiropractic physician named in the complaint, except that the Board may review the written report of
the Advisory Committee as provided in (e), (f), and (g) of this section.
(1) No member of the Advisory Committee or the investigator may, in any way,
discuss any complaint or the details therein with any person without order from
the Board or a Court of competent jurisdiction. Discussion or disclosure of any
complaint or information therein by an Advisory Committee member or
investigator may result in that Advisory Committee member’s removal from the investigation
committee and other such sanctions as the Board deems appropriate.
(2) The amount of time for investigation of a complaint received by the Board by the
Advisory Committee may be a thirty-six (36) months period of time upon a showing of good
cause by either the complainant and /or the chiropractic physician named in the complaint.
(d) Upon receipt of the complaint, the Advisory Committee or investigator shall provide the chiropractic
physician named in the complaint with a notice of the complaint and shall require said chiropractic
physician to provide a written response to the complaint within twenty (20) days of mailing of a copy of the
notice to said chiropractic physician. The failure of a chiropractic physician to respond to such a request of
the Advisory Committee or investigator shall be grounds for disciplinary action by the Board. In addition,
the chiropractic physician named in the complaint shall not contact, attempt to contact or allow anyone else
to contact the person(s) who filed the complaint or whom the chiropractic physician named in the
complaint believes may have filed the complaint.
(e) It shall be the duty of the Advisory Committee or investigator to investigate the complaint fully and in a
manner consistent with due process requirements and the APA. At the conclusion of the investigation, the
Advisory Committee or investigator shall submit a written report to the Board detailing the findings and
determination if the Advisory Committee or investigator shall make a recommendation in its written report
as to further action by the Board. The Advisory Committee may assign a complaint to an individual
investigator employed by the Board on a part-time or full-time basis.
(f) The written report of the Advisory Committee or investigator shall be drafted so as
to keep anonymous the name of the Complainant and the chiropractic physician
named in the complaint. The report shall include a brief recitation of the facts of the complaint
and a statement whether the Advisory Committee or investigator found competent evidence to
support the allegations contained in the complaint.
(g) The Board shall review the report of the Advisory Committee or investigator at a
meeting of the Board, provided, however that the Board’s review of the report shall not be
conducted as a hearing and the Board shall not hear testimony or receive evidence. Upon
review of the report, the Board may:
(1) dismiss the complaint if the Board finds there is not reasonable cause to believe that there
was a violation of the Chiropractic Practice Act;
(2) issue a letter of concern, pursuant to 140:3-3-3, to the chiropractic physician named in the
complaint if the Board finds that there is reasonable cause to believe that said chiropractic
physician has committed a violation, but such violation, if proven, is not of such a nature as to
warrant the imposition of a penalty by the Board; or
(3) initiate an individual proceeding, pursuant to 140:3-3-4, against the chiropractic physician
named in the complaint if the Board finds that there is reasonable cause to believe that said
chiropractic physician has committed a violation and that such violation, if proven, is of such
a nature as to warrant the imposition of a penalty by the Board.
(h) In the event the Board votes to issue a letter of concern in regard to a complaint, it
shall thereupon be the duty of the Advisory Committee or investigator to provided the board sufficient
details as to the nature of the complaint so as to assist the Board to render a meaningful letter of concern.
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140:3-3-3. Letter of concern issued by the Board
(a) A letter of concern issued by the Board shall:
(1) Contain a clear and concise description of the violation alleged to have been committed
by the chiropractic physician named therein;
(2) Contain a statement that the Board has found that there is reasonable cause to believe
that the chiropractic physician named in the complaint has committed a violation;
(3) Contain an explanation of the factors considered by the Board and the Advisory
Committee or investigator in the Board's decision to issue the letter of concern;
(4) Be signed by the President of the Board; and
(5) Be mailed certified mail, return receipt, to the chiropractic physician named in the
complaint and to the complainant.
(b) A copy of each letter of concern issued by the Board shall be placed in the complaint file. Letters
of concern shall be
considered confidential record but may be used as evidence in hearings conducted pursuant to the Act
and Rules provided the
letter is not made public during the course of the hearing and is sealed at the conclusion of the hearing.
140:3-3-4. Individual Proceedings
(a) All individual proceedings/hearings shall be open to the public and shall be conducted in
accordance with the Administrative Procedures Act of the Oklahoma Statutes.
(b) The President of the Board shall set a time and place for the hearing provided that :
(c) Notice of the hearing shall be given in writing by personal delivery to the person to be notified; or
by mailing, certified mail, returned receipt requested, the last known address furnished to the
Board; or notice may be given as is provided for process in the civil proceeding in the State of
Oklahoma and pursuant to the Administrative Procedures Act, Title 75 O.S. Section 301 as
amended.
(d) The notice shall include a concise statement of the allegations and particular sections of the
Oklahoma State Board of Chiropractic Examiners Rules and the Oklahoma Chiropractic Practice
Act which are involved.
(e) Each complainant and respondent called to a hearing before the Board shall be allowed to present
documentary evidence. The Board, or its designee, shall appear in person and shall present the
position of the Board in the Action.
(f) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally
recognized technical or scientific facts within the specialized knowledge of the one or more
members of the Board.
(g) Hearing will be conducted by one of the following methods as determined by the Board;
(1) By the Board;
(2) By any member of the Board or a designee of the Board acting as a hearing examiner or
administrative law judge, or
(3) By an attorney licensed to practice law in this state appointed by the Board to act as a
hearing examiner or admisitrative law judge.
(h) Any hearing before the Board or its designee shall be recorded. The portion to the hearing
constituting deliberations in executive session need not be recorded. A written transcript or a copy
of the tape recording shall be made available to any person alleged to have committed a violation
of the Act or Rules upon written request and payment of appropriate reimbursement cost for
reproduction.
(i) The Board or its designee shall rule upon the questions of admissibility of evidence, competency
of witnesses, and any other questions of law upon which they have jurisdiction as provided in the
State Board of Chiropractic Examiners Rules, the Oklahoma Chiropractic Act or Other applicable
law.
(j) All orders, whether proposed or final, shall be issued within sixty (60) calendar days of the
hearing. Final orders shall state their effective date.
(k) The board shall consider past disciplinary action taken against any accused found guilty in any
present proceeding. Such past conduct shall not be evidence of guilty in the present proceeding
but will be considered only in determining appropriate sanctions to be imposed by the Board in the
present proceeding.
31
(l) Unless precluded by law, the accused physician may waive any right granted in the law and
proceed by stipulation, agreed settlement, consent order, or default. No provision in this section
shall be construed as abeyance, any formal proceeding pending the outcome of informal
negotiation or informally agreed upon terms.
(m) The investigative files of the Advisory Committee and the Board shall be confidential as set forth
in Title 51 O.S. Section 24A.12.
(n) Any individual who has filed a complaint shall be notified of the disposition of the matter.
(o) From time to time, the Board may employ lawyers licensed to practice law in Oklahoma to serve
as special prosecutors in individual proceedings before the Board.
(1) Any individual serving as special prosecutor shall not serve as legal counsel to the Board
in the same individual proceeding.
(2) The special prosecutor may perform such other duties as are assigned by the Board.
140:3-3-5. Determination of Penalties
Whenever the Board finds a chiropractic physician guilty of a violation in an individual proceeding,
the Board may consider the following factors in its determination of penalty to be imposed against said
chiropractic physician:
(1) Consequences to the public. If potential or actual damage to the health, safety or welfare of
the general public is more likely than not to occur as a result of acts or omissions by the
licensee, the Board may impose a more severe punishment than if such damage is less likely
to occur.
(2) Consequences to the patient. If potential or actual damage to the health, safety, or welfare
of the patient on whose behalf the complaint is brought is more likely than not to occur as a
result of acts or omissions by the licensee, the Board may impose a more severe punishment
than if such damage is less likely to occur.
(3) Intent. If it is evident from the facts presented that the violation may be deemed by the Board
to be intentional on the part of the licensee if the violation:
(A) Occurred as the result of negligence on the part of the licensee; or
(B) Was part of a pattern of extreme or ongoing carelessness as to be without regard for
the health, safety or welfare of the general public or a patient; or
(C) Violated the principles of the Chiropractic Code of Ethics.
(4) Negligence. If the violation committed by the licensee resulted from negligence on the part
of licensee, but was not so gross, or was not the result of such carelessness, as to meet the test
of three (3) of the this subsection, the Board may impose a less severe punishment than would
be the case if the negligence met such a test.
140:3-3-6. Summary suspension of a license
If the Board, upon review of the report of the Advisory Committee, finds that the public health, safety
or welfare imperatively requires emergency action, and incorporates a finding to the effect in its order,
summary suspension of an original license or renewal, or both, may be ordered by the Board pending
initiation of an individual proceeding. In such an event, the individual proceeding against the affected
license shall be initiated within thirty (30) days after the date of the issuance of the summary suspension
order.
140:3-3-7. Publication of penalties imposed against licensees.
From time to time, but at least annually, the Board shall cause to the published a report of all penalties
imposed against licensees. Such a report may be in summary form but shall contain sufficient detail to
inform a reader, not otherwise familiar with a complaint, of the violation committed by a licensee and the
penalty imposed against said licensee by order of the Board. Copies of such reports shall be maintained at
the office of the Board and shall be available for public inspection, copying and /or mechanical
reproduction during regular business hours.
140:3-3-8. Board and Advisory Committee member and/or investigator not to communicate
(a) The Board recognizes and asserts the necessity for all hearings and dispositive action by the Board
to be conducted fairly and impartially.
32
(b) The member of the Board shall not, unless required for the proper disposition of ex-parte matters
authorized by law, communicate directly or indirectly in connection with any person or party, or in
connection with any issue of law with any person, party or his representative of a party, except
upon notice and opportunity for all parties to participate. Members of the Board may continue to
communicate with other members of the Board only during meetings or otherwise in compliance
with the Oklahoma Open Meetings Act and may have the aid and advice of the Board’s counsel.
(c) Board members shall not communicate with any non-party or the Advisory Committee in regard
to any active case, hearing or other matter before the Board, except the Board may receive the
report of the Advisory Committee during a meeting of the Board following the investigation by
the Advisory Committee.
CHAPTER 10. LICENSURE OF CHIROPRACTIC PHYSICIANS
Subchapter Section
1. General Provisions ................................................................................................................................... 140:10-1-1
3. Application, Examination and Licensing .................................................................................................. 140:10-3-1
5. Procedures for Renewal Licenses.............................................................................................................. 140:10-5-1
7. Preceptorship [REVOKED]....................................................................................................................... 140:10-7-1
[Authority: 59 O.S., § 161.6]
140:10-1-1. Purpose
The purpose of this Chapter is to describe:
(1) the requirements and procedure for obtaining an original license, by examination or reciprocity, to
practice chiropractic medicine in this state; and
(2) the requirements and procedures for obtaining a renewal license.
(A) The requirements for licensure in the state, country, territory or province in
which the applicant is licensed are deemed by the Board to be equivalent to the
requirements for obtaining an original license by examination in this state, at
the date of such license;
(B) The applicant has no disciplinary matters pending against him or her in any
state, country, territory or province.
(C)The license held prior to relocation of practice was obtained by examination in the state,
country, territory or province
wherein it was issued, or was obtained by examination of the National Board of Chiropractic
Examiners;
(D) The applicant passes any examination offered by the Board according to 140:10-3-1; and
(E) The applicant meets all other requirements of the Oklahoma Chiropractic Practice Act.
140:10-1-2. Definitions
The following words and terms, when used in this Chapter, shall have the following meaning,
unless the context clearly indicates otherwise. In addition, the use of the masculine gender shall be
deemed inclusive in this chapter to include the feminine gender.
"Accredited chiropractic college" means a chiropractic educational institution which is
accredited by the Commission on Accreditation of the Council on Chiropractic Education, a national,
independent accreditation body recognized and approved by the U.S. Department of Education.
"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.
"Advisory Committee" means the committee appointed by the Board to advise and assist the
Board in the investigation of the qualifications for licensure, complaints as to the conduct of
chiropractic physicians, and for such other matters as the Board delegates to them.
"Board" means the Board of Chiropractic Examiners.
"Chiropractic" means the science and art that teaches health in anatomic relation and disease or
abnormality in anatomic disrelation, and includes hygienic, sanitary and therapeutic measures incident
thereto.
"Chiropractic physician" or "licensee" means a person who holds an original license to practice
chiropractic in this state.
33
"Continuing education requirements" means attendance by a licensee at a minimum of sixteen
(16) hours of Chiropractic education seminars as required for a renewal license.
(A) Twelve (12) hours of the sixteen required by law must be clinical in
nature, and the other remaining four (4) may consist of practice management,
philosophy, and or other non-clinical topics.
(B) Eight (8) hours of continuing education may be acquired out of state with
first having obtained a pre-approval from the Board of Chiropractic Examiners.
Eight (8) hours of continuing education can be obtained by attending a national
chiropractic association meeting and/or the Federation of Chiropractic
Licensing Boards Annual or Federation of Chiropractic Licensing Boards'
District meetings attended by any licensee.
(C) Eight (8) hours of mandatory in state continuing education shall be
acquired by attending continuing education offered by a registered, domestic
Oklahoma association whose seminar has been approved by the Board of
Chiropractic Examiners.
"Examination" means the process used by the Board, prior to the issuance of any original
license, to test the qualifications and knowledge of an applicant on any or all of the following: current
statutes, rules, or any of those subjects listed in Section 161.8 of the Act.
"Individual proceeding" means the formal process employed by the Board to provide a hearing
for a licensee of the Board accused of a violation of the Act and in which the Board may take action
against such person’s original license to practice chiropractic in this state.
"License renewal program" means a continuing education program which:
(A) is sponsored or administered by an association for the purpose of
providing licensees an opportunity to satisfy continuing education requirements;
and
(B) has been approved by the Board.
"Licensure" means the Board’s process with respect to the grant, denial, renewal, revocation, or
suspension of an original or renewal license.
"Original license" means a license which grants initial authorization to practice chiropractic in
this state issued by the Board to an applicant found by the Board to meet the requirements for licensure
of the Act:
(A) by examination pursuant to § 161.7 and 161.8 of the Act and 140:10-3-1
through140:10-3-4; or
(B) by relocation of practice pursuant to § 161.9 of the Act and140:10-3-5.
"Relocation of practice" means the ability of an applicant to obtain Oklahoma who
meets the following conditions:
(A) The applicant is of good moral character;
(B) The requirements for licensure in the state, country, territory or province in
which the applicant is licensed are deemed by the Board to be equivalent to the
requirements for obtaining an original license by examination in this state at the
date of such license;
(C) The applicant has no disciplinary matters pending against him or her in any
state, country, territory or province;
(D) The license held prior to relocation of practice was obtained by
examination in the state, country, territory or province wherein it was issued, or
was obtained by examination of the National Board of Chiropractic Examiners;
(E) The applicant passes any examination offered by the Board according to
140:10-3-1; and
(F) The applicant meets all other requirements of the Oklahoma Chiropractic
Practice Act.
"Renewal license" means a license issued by the Board on or before the first day of July January
of each year to a licensee which authorizes the licensee to practice chiropractic in this state for the
succeeding calendar year.
"Revocation" means the recalling, annulling or rendering inoperative of an original license or
renewal license, or both, by the Board, after notice and an opportunity for a hearing in an individual
proceeding.
34
140:10-1-3. Gender
As used in this Title, the masculine gender shall be deemed to include the feminine gender.
140:10-1-4. Statutory citations
Citations to statutes in this Chapter refer to the most recent codification of the statute.
SUBCHAPTER 3. APPLICATION, EXAMINATION AND LICENSING
Section
140:10-3-1. Application for an original license by examination
140:10-3-2. Review of application
140:10-3-3. Examination Fee
140:10-3-4. Content and conduct of examination; grading
140:10-3-5. Application for an original license by reciprocity
140:10-3-6. Additional educational requirements; re-examination
140:10-3-7. Recording of licenses [REVOKED]
140:10-3-8. Displaying licenses [REVOKED]
140:10-3-9. Injectable certification [REVOKED]
SUBCHAPTER 3. APPLICATION, EXAMINATION AND LICENSING
140:10-3-1. Application for an original license by examination
(a) An application to the Board for an original license to practice chiropractic shall be made on forms
created and approved by the Board and shall be signed and verified under oath by the applicant. The
application shall include:
(1) A passport photo
(2) the affidavits of two (2) chiropractic physicians who are not related to or under financial
obligation to the applicant and which state that the applicant is of good moral character;
(3) a copy of the applicant’s high school diploma or transcripts, certified as being a
true and correct copy
(4) a copy of the applicant’s pre-chiropractic college or university transcript or
transcripts, certified:
i. by an official of the issuing college or university as being true and correct; and
ii. by an official of the University of Oklahoma as containing at least ninety (90)
hours of college credit accepted by the University of Oklahoma;
(5) a copy of the applicant’s diploma from an accredited chiropractic college,
certified by an official of the issuing college as being true and correct, except as
provided in (b) of this Section;
(6) A money order, certified check or cashier’s check payable to the Board in the
amount of One Hundred Seventy-Five Fifty Dollars ($175.00) ($150.00) as payment
of the application fee. Such fee is not refundable under any circumstances.
(b) A senior student at an accredited chiropractic college may, prior to graduation, make
application for an original license by examination. In such event, the application shall be
accompanied by a statement on a form approved by the Board containing certification by an
official of such college that the applicant is a senior at the college and is expected to
graduate with in one (1) year from the date of the certificate. An original license shall not,
however, be issued to such an applicant until the applicant has submitted to the Board a copy
of the applicant’s diploma from said accredited chiropractic college, certified as true and
correct.
(c) Applicants shall submit documentary evidence of completion of Parts I, II, III, IV and
physiotherapy as administered by the National Board of Chiropractic Examiners with a passing score.
(d) An application and all accompanying documents must be completed and received by the
Board no later than thirty (30) days prior to the date of the next scheduled examination in
order to be eligible to take the examination.
(e) A fee of One Hundred Seventy-Five Fifty Dollars ($175.00) ($150.00) as payment for
35
the examination if approved by the Board of Chiropractic examiners. Such fee is not
refundable under any circumstances.
140:10-3-2. Review of application
(a) Prior to each scheduled examination, the Executive Director shall report to the Board the
number of completed applications received by the Board. Board members shall review each
application for an original license by examination, determine if the applicant has satisfied all
requirements of the Act and of this Title, and approve or disapprove each application.
(b) If an application is approved by the Board, the applicant shall be notified by the Executive
Director of such approval and the time, date, and place of the next scheduled examination.
(c) If an application is disapproved by the Board, the applicant shall be notified by the Executive
Director of the Board of such disapproval by the return of the application to him together with
the reason therefore fully stated in writing.
(d) A fraudulent or false statement as to any material fact which is contained in any application
for an original license, or the failure to provide any requested information, shall constitute
sufficient cause for the disapproval of the application.
140:10-3-3. Examination Fee
Each application for an original license shall be accompanied by a non-refundable examination fee of
One Hundred Seventy-Five Fifty Dollars ($175.00) ($150.00), made payable to the Board, which payment
shall be by money order, certified check or cashier’s check, and which shall be submitted with the
application.
140:10-3-4. Content and conduct of examination; grading
(a) The Board of Chiropractic Examiners may administer an examination that shall
include those technical, professional, and practical subjects that relate to the practice
of chiropractic including, but not limited to; chiropractic principals, anatomy,
histology, physiology, symptomatology, orthopedia, chemistry, spinography,
diagnosis, sanitation and hygiene, pathology, public health service; and adjustology
(b) The Board may also examine each applicant in the art of chiropractic adjusting, x-ray,
diagnostic laboratory procedures, physiological therapeutics and other subjects taught
at an accredited chiropractic college
(c) The Board of Chiropractic Examiners may also administer the jurisprudence
assessment examination to an applicant.
(d) A score of seventy-five percent (75%) or better is required to pass any examination
administered by the Board.
140:10-3-5. Application for an original license by relocation of practice.
(a) An application to the Board for an original license by relocation of practice to practice chiropractic in
this state shall be made on a form created and approved by the Board and the applicant may also be
required to appear before the board for a personal interview, and shall be assessed a jurisprudence
examination
(b) The Board may, in its discretion, refuse to grant an original license by relocation of practice to any
applicant and may require the applicant to take the oral examination required by the Act.
(c) The application shall be signed and verified under oath by the applicant. The application shall include:
(1) A passport photo attached to the appropriate page of the application.
(2) the affidavits of two (2) chiropractic physicians who are not related to or under
financial obligation to the applicant and which state that the applicant is of good
moral character;
(3) a copy of the applicant’s high school final transcripts or equivalent certified as
being a true and correct copy;
(4) a copy of the applicant’s pre-chiropractic college or university transcript or
transcripts, certified:
(A) by an official of the issuing college or university as being true and
correct; and
(B) by an official of the University of Oklahoma as containing at least
36
ninety (90) hours of college credit accepted by the University
of Oklahoma;
(5) a copy of the applicant’s diploma from an accredited chiropractic college,
certified by an official of the issuing college as being true and correct;
(6) Submit documentary evidence to the board that the applicant has been in active
practice for five (5) years immediately preceding the date of application.
(7) a money order, certified check or cashier’s check payable to the Board, in the
amount of Three Hundred Fifty Dollars ($350.00) ($300.00), as payment of the application
fee. Such fee is not refundable under any circumstances.
(d) Except as is otherwise approved in writing by the Board, an application and all accompanying
documents must be completed as set forth in the Act and application.
(e) All documents accompanying an application for an original license by relocation of practice that are
written in any language other than English shall be translated, at the expense of the applicant, into the
English language and certified under seal of the proper consulate. The translation shall be submitted with
the application.
(f) All applicant’s must submit a certified copy of his/her birth certificate and/or naturalization papers if
they were born anywhere other than the United States.
(g) The review of each application for an original license by relocation of practice shall be conducted by
the Board, and notice of the approval or disapproval thereof shall be given by the Executive Director in the
same manner as for an application for an original license by examination.
(h) A fraudulent or false statement as to any material fact, which is contained in any application for an
original license by relocation of practice, or the failure to provide any requested information, shall
constitute sufficient cause for the disapproval of the application.
140:10-3-6. Additional educational requirements; re-examination
(a) The Board shall not issue an original license, by examination or
relocation of practice to an applicant until the applicant has completed all
requirements of the Act and of this Title.
(b) If an applicant fails any part of any examination conducted or accepted by the Board three (3)
times, the Board may, at its
discretion, require proof of additional education or training in those subjects
failed by the applicant before the applicant is allowed to be re-examined.
(c) An applicant who fails any part of any examination conducted or accepted by the Board may
be required to retake all
portions of the examination or only those parts which the applicant failed, at the
discretion of the Board.
(d) No later than one (1) year after receiving a license to practice in Oklahoma,
chiropractic physicians shall complete an orientation course of training approved
by the Board. The orientation course hours shall count as continuing education
credits for the year in which they were earned The course shall consist of no less
than eight (8) hours of sexual boundaries, AIDS, and HIPPA compliance, and no
less than eight (8) hours of office management procedures and new doctor
orientation.
140:10-3-7. Recording of licenses [REVOKED]
140:10-3-8. Displaying licenses [REVOKED]
140:10-3-9. Indictable certification [REVOKED]
37
SUBCHAPTER 5. PROCEDURES FOR RENEWAL LICENSES
Section
140:10-5-1. Renewal license; requirements
140:10-5-2. License renewal program approval
140:10-5-3. Revocation or suspension of license; reinstatement
140:10-5-4. Renewal license for senior inactive licensees
140:10-5-5. Renewal license for nonresident licensees
SUBCHAPTER 5. PROCEDURES FOR RENEWAL LICENSES
140:10-5-1. Renewal license; requirements
(a) Except as provided in 140:10-5-4, related to senior inactive licenses, and 140:10-5-5,
related to nonresident licenses, each licensee holding an original license to practice
chiropractic in this state shall pay to the Board, on or before the first day of July January of
each year hereinafter, an annual renewal fee of Two Hundred Twenty-Five Dollars
($225.00), which shall be accompanied by;
(1) Evidence that the licensee has satisfied Board approved chiropractic continuing
education requirements; or
(2) A statement on a form created and approved by the Board, containing:
(A) An affidavit from the licensee which states:
(i) the licensee was unavoidably prevented from satisfying the
continuing education requirements;
(ii) the reason or reasons therefore; and
(iii) that the licensee is not attempting to circumvent or abrogate the
intent of such continuing education requirements; and
(B) the affidavits of two (2) licensed chiropractic physicians who personally
know the licensee, vouch for the licensee’s good standing in the chiropractic
profession, and recommend that the licensee be issued a renewal license.
(b) The Board shall, upon receipt of the renewal license fee, and upon determination of
compliance with the requirements of subsection A of Section 161.11 of the Act,
issue a Chiropractic renewal license, which shall entitle the holder to practice
chiropractic in this state during the succeeding calendar year.
(c) Attendance by a licensee at a license renewal program shall be certified by an officer
of the sponsoring or administering association, which officer shall have been previously
approved by the Board for the purpose of providing such certification. The list of
attendees from the continuing education seminar, shall be submitted no later than forty-five
(45) days after the approved continuing education seminar. The list shall be
submitted by the certified officer of the association, and sent to the Board after all
signatures and/or time cards have been verified by the individual certified to report to the
Board of Chiropractic Examiners on all seminar attendees. If there are any missing
signatures and/or any other missing documentation the licensee will not be able to renew
his/her license for the renewal year.
(d) Individuals who take the allowable eight (8) hours of an approved out of
state educational seminar shall be responsible for obtaining proof of attendance. The
doctor shall submit proof of attendance with renewal application.
(e) The Board of Chiropractic Examiners hereby recognizes the requirements adopted
from time to time by the Federation of Chiropractic Licensing Boards Providers of
Approved Continuing Education (FCLB PACE) as the requirements of the Board.
The Board recognizes FCLB PACE Recognized Providers as satisfying the
requirements of the Board for purposes of the licensure renewal process. The
Board, however, reserves the approval authority for all programs based on
furtherance of professional development and related areas, and in the interest of
the public protection.
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140:10-5-2. License renewal program approval
(a) Approval of programs to be offered to satisfy license renewal provisions of the
Subchapter is vested solely in the Board. No program shall be offered, advertised or
marketed for the purpose of license renewal prior to being approved by the Board.
(b) It shall be the duty of the Board to review and consider for approval, during a meeting
of the Board, every application from a chiropractic association or institution which desires to present a
continuing chiropractic education program required for license renewal.
(c) The Board shall maintain a list of all chiropractic associations or institution that notify
the Board of an intent to present a continuing chiropractic education program for license renewal. It shall
be the duty of each association to inform the Board of any change of address or name.
(d) A chiropractic association or institution may submit applications to present continuing chiropractic
program for license renewal. All applications to present continuing chiropractic program must be
submitted at least ninety (90) calendar days prior to said education programs being presented. Each
application must contain the qualifications of the applicant, association or entity seeking to sponsor the
program, the state of domicile, the classification of the applicant as "profit" or "nonprofit", and the
educational experience of the instructors conducting the program.
(e) The board shall create and approve a form to be used by a chiropractic association or
institution to apply for approval to present a continuing chiropractic education program. In order to be
considered for approval, such form shall be completed by an association. An association shall submit a
separate application for each program it wishes to present.
(f) The board in its discretion, may refer the application to the Advisory Committee or the
Executive Director for review and/or information gathering.
(g) No later than thirty (30) days after submission of the application the Board shall either approve or
reject the application.
(h) During the meeting provided for in paragraph (b) of this Section, each
association shall be given the opportunity to make an oral presentation of no more than
fifteen (15) minutes for each application to provide the Board with any additional relevant
information for such program. The board may request additional information regarding
the application.
(i) The board shall consider, among other relevant factors, the content of the program and the cost by for a
chiropractic physician to attend the program. The Board shall not approve programs which do not present a
program of a chiropractic nature; provided no program shall be approved which is used primarily as a sales
promotion for the association which presents the program or any speaker who presents any part of a
program or at which products or services related to the programs are offered for sale.
(j) At the conclusion of all presentations and during the same meeting, the board
shall announce individually the approval or denial of the application to present a
continuing chiropractic program. The Board shall state the specific reason or
reasons for the denial of any application.
(k) All programs approved by the Board shall be open to all persons.
140:10-5-3. Revocation or suspension of license; reinstatement
In the event that a licensee fails to obtain a renewal license on or before the first day of July of each year,
the original license of such licensee shall be subject to revocation or suspension, upon order of the Board.
The Board may reinstate the original license of such person upon the payment of all fees due, plus a penalty
fee in the amount of One Hundred Dollars ($100.00), and upon presentation to the Board of satisfactory
evidence of compliance with the continuing education requirements.
140:10-5-4. Renewal license for retired licensees
(a) Any licensee who is sixty-five (65) years of age or older and is not actively engaged in the practice
of chiropractic medicine in this state may pay to the Board a reduced renewal license fee of Fifty
Dollars ($50.00). Such a licensee shall satisfy all other requirements of 140:10-5-1 and subsection
A of Section 161.11 of the Act.
(b) A licensee seeking a renewal license under the provisions of this Section shall attach to the
renewal form a statement on a form created and approved by the Board stating:
(1) that the applicant is sixty-five (65) years of age or older;
(2) that the applicant is not actively engaged in the practice of chiropractic in this state; and
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(3) that the applicant will not engage in the practice of chiropractic in this state during the
succeeding calendar year.
(4) The Board shall, upon receipt of the reduced renewal license fee and upon determination
that the licensee has pressed satisfactory evidence of compliance with the requirements of
subsection A of Section 161.11 of the Act issue a renewal license to said licensee. The
renewal license shall have the words RETIRED LICENSE – NOT VALID FOR ACTIVE
PRACTICE” stamped on the face thereof and shall not entitle such senior inactive
licensee to practice chiropractic in this state during the succeeding calendar year.
140:10-5-5. Renewal license for inactive non-resident licensees
(a) Any licensee who is a nonresident of this state and is not actively engaged in the practice of chiropractic
in this state may pay to the Board a reduced renewal license fee of One Hundred Seventy-five Dollars
($175.00). Such a licensee need not satisfy the other requirements of 140:10-1 and subsection A of Section
161.11 of the Act.
(b) A licensee seeking a renewal license under the provisions of this Section shall attach to the renewal
form a statement on a form created and approved by the Board containing:
(1) an affidavit by the inactive licensee of this state:
(A) that the applicant is not actively engaged in the practice of
chiropractic in this state; and
(B) that the applicant will not engage in the practice of chiropractic
in this state during the succeeding calendar year; and
(2) certification that said licensee has satisfied the licensee renewal
requirements in the state, country, territory or providence in which the
licensee is currently engaged in the practice of chiropractic.
140:10-5-6. Renewal license for inactive resident licensees
(a) Any licensee who is a resident of this state and is not actively engaged in the practice of chiropractic in
this state may pay to the Board a reduced renewal license fee of One Hundred Dollars ($100.00). Such a
licensee need not satisfy the other requirements of 140:10-1 and subsection A of Section 161.11 of the Act.
(b) A licensee seeking a renewal license under the provisions of this Section shall attach to the renewal
form a statement on a form created and approved by the Board containing:
(1) an affidavit by the inactive resident licensee of this state:
(A) that the applicant is not actively engaged in the practice of
chiropractic in this state due to illness, infirmity, active military service
or other circumstances as approved by the Board;
(B ) that the applicant will not engage in the practice of chiropractic
in this state during the succeeding calendar year.
(2) the licensee will also be exempt from continuing education during the
calendar years in which they apply and are approved for an inactive
resident license.
SUBCHAPTER 7. PRECEPTORSHIP [REVOKED]
Section
140:10-7-1. Definition [REVOKED]
140:10-7-2. Practicum planning and participation [REVOKED]
140:10-7-3. Preceptor qualifications for participation [REVOKED]
140:10-7-4. Preceptor responsibilities [REVOKED]
140:10-7-5. Intern responsibilities [REVOKED]
140:10-7-6. College responsibilities [REVOKED]
140:10-7-1. Definition [REVOKED]
140:10-7-2. Practicum planning and participation [REVOKED]
140:10-7-3. Preceptor qualifications for participation [REVOKED]
40
140:10-7-4. Preceptor responsibilities [REVOKED]
140:10-7-5. Intern responsibilities [REVOKED]
140:10-7-6. College responsibilities [REVOKED]
SUBCHAPTER 8. ADMINISTRATIVE FEES
140:10-8-1. Fees
Fee Schedule.
(1) Examination. The following fees shall be assessed for licensure and
examinationof Chiropractors:
(A) Original license: $175.00 $150.00
(B) Relocation of Practice: $175.00 $150.00
(C) Examination Fee: $175.00 $150.00
(2) Licensure. The following fees shall be assessed for licensure of Chiropractors:
(A) Renewal fee active license $225.00
(B) Renewal fee inactive license $175.00
(C) Retired license fee $50.00
(D) Reinstatement fee not exceed $400.00
(E) Penalty fee for late renewal $150.00
(3) Duplication or modification of license. A fee of $75.00 shall be
assessed for duplication or modification of original license.
(4) Miscellaneous fees: the following fees shall be assessed by the Board
(A) Letter of good standing and/or verifications for other licensing
Boards with seal: $35.00
(B) Verification of licensure: $10.00 per license
(C) Duplication of proof of license renewal: $10.00
(D) Duplication of Public Records: per page: $0.25
(E) Returned check processing fee: $20.00
(F) Duplication of certificates issued by the Board: $20.00
(G) Directory $35.00 hard copy and/or diskette
(H) Search fee for records requested for commercial purposes: $30.00
(I) Continuing education application fee: $200.00 $300.00
(J) Post Doctoral Diplomate Chiropractic Specialties registration/re-registration
fee: $50.00
(K) Copy of tape of a board meeting and or an administrative hearing
$20.00
(L) Labels of addresses of all licensed chiropractors $50.00
(M) Travel-to-Treat registration $25.00
(N) Non-attendance application request $50.00
CHAPTER 15. SPECIAL CERTIFICATES AND MISCELLANEOUS PROVISIONS
Section
140:15-1-1. Purpose
140:15-1-2. Definitions
140:15-1-3. Gender
140:15-1-4. Statutory citations
41
SUBCHAPTER 1. GENERAL PROVISIONS
140:15-1-1. Purpose
The purpose of this Chapter is to:
(1) Establish a certification system and standards for the education and training of
chiropractic physicians who desire to administer injectable vitamins, minerals or
nutritional supplements; and
(2) Establish various requirements and prohibitions related to the practice of
chiropractic found by the Board to be in the best interest of the health, safety and welfare of the
public.
140:15-1-2. Definitions
The following words and terms, when used in this Chapter, shall have the following meaning, unless
the context plainly indicates otherwise:
"Act" means the Oklahoma Chiropractic Practice Act, 59 O.S. 1991, §§161.1 et seq.
" the Acupuncture and/or Meridian Therapy" means a healthcare method used to prevent,
diagnose and treat disease by restoring the body’s balance and harmony consisting of the stimulation of
various points on or within human body or interruption of the cutaneous integrity by specific needle
insertion or other form of point stimulation.
"Board" means the Board of Chiropractic Examiners.
"Certificate" means a document given to a chiropractic physician by an institution, specialty council,
specialty board, or Board, verifying the chiropractic physician has fulfilled the educational requirements set
forth by the institution, specialty council, specialty board, or Board granting the certificate.
"Certification" means a process by which an institution, specialty council, specialty board, institution,
or Board evaluates and acknowledges a chiropractic physician's successful completion of a pre-established
set of requirements or criteria.
"Chiropractic physician" or "licensee" means a person who holds an original license to practice
chiropractic in this state.
"Diplomate Specialty" means a postgraduate diplomate degree or certificate granted to a chiropractic
physician.
"Homeopathy" means a healthcare method used to prevent, diagnose and treat disease by
homeopathic methods such as homeopathic medicines, agents, remedies and articles.
"Institution" means a school of higher education or its affiliate, regulated by a state department of
education or state department of health occupation or state commission on higher education or a school
accredited by an agency recognized by the United States Department of Education or the Council of Higher
Education Accreditation.
"Naturopathy" means a healthcare method used to prevent, diagnose and treat disease by
naturopathic methods of natural therapeutic modalities that include but are not limited to naturopathic
medicines, agents, remedies and articles.
"Non-Diplomate Specialty" means a certificate that is not specifically identified as being a Diplomate
that is granted to a chiropractic physician by an institution, specialty council, or specialty board.
"Registry" means a structured record of registration information regarding all chiropractic physicians
holding themselves out as having a specialty certificate.
"Specialty Board" means a professional, independent entity that provides for competency testing of
didactic and clinical skills of applicants and granting of certifications in post-doctoral chiropractic specialty
areas upon completing an approved post-doctoral curriculum.
"Specialty Certificate" means a document granted to a chiropractic physician by a specialty council,
specialty board, or institution signifying the chiropractic physician has obtained Diplomate specialty status
or a non-diplomate specialty certification that is granted by an institution.
"Specialty Council" means an approved council by the International Chiropractic Association or the
American Chiropractic Association, or its equivalent as approved by the Board.
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140:15-1-3. Gender
As used in this Chapter, the masculine gender shall be deemed to include the feminine gender.
140:15-1-4. Statutory citations
Citations to statutes in this Chapter refer to the most recent codification of the statute.
SUBCHAPTER 3. CERTIFICATES FOR CHIROPRACTIC CLAIMS CONSULTANTS
Section
140:15-3-1. Certain acts prohibited; exceptions [REVOKED]
140:15-3-2. Registration with the Board; certificate [REVOKED]
Section
140:15-5-1. Authorization from the Board
140:15-5-2. Application for certificate; educational requirements
140:15-5-2. Education and training
SUBCHAPTER 5. AUTHORIZATION FOR INJECTABLES
140:15-5-1. Authorization from the Board
No chiropractic physician shall administer or cause to be used any injectable vitamins, minerals or
nutritional supplements unless said chiropractic physician is authorized by the Board pronouncing that said
chiropractic physician is proficient in the administration and use of such injectables. The Board shall
establish an examination to be used by the Board to determine the proficiency of any chiropractic physician
who seeks authorization from the Board. However any authorization issued before January 1, 1994, shall
not require examination. The Board shall maintain a registry listing all chiropractic physicians who are
authorized by the Board.
140:15-5-2. Application for authorization; educational requirements
Any chiropractic physician who desires to administer vitamins, minerals or nutritional supplements by
means of injectable procedures shall make applicati